IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 5667 of 2009 CRIME NO.300 OF 2009 OF VALANCHERY POLICE STATION, MALAPPURAM PETITIONER/ACCUSED NO.1 ------------------------------------------- ILLIYAS MON,S/O.KUNHI MOHAMMED, PULIKKAPARAMBIL HOUSE, KATTIPARUTHY AMSOM DESOM, VALANCHERY (VIA),TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION,MALAPPURAM DISTRICT, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5667 OF 2009 ------------------------------------------------------ Dated this the 13th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.300 of 2009 of Valanchery Police Station. 2. The offences alleged against the petitioner are under Sections 420, 323 and 506(i) of the Indian Penal Code. 3. The prosecution case is that the de facto complainant paid a sum of Rupees One lakh to the first accused for arranging visa to a foreign country. It is alleged that the petitioner did not arrange the visa. He did not repay the amount paid to him. 4. The learned counsel for the petitioner submitted that visa was arranged to the de facto complainant on three occasions. The counsel states that the de facto complainant had gone abroad, but he could not continue there because of his own fault. 5. The learned Public Prosecutor, on instructions, submitted that B.A. NO. 5667 OF 2009 :: 2 :: tickets were arranged to the de facto complainant for going abroad on four occasions at the instance of the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 7. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/