IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 3408 of 2010() ----------------------------- CRIME NO.304/10 OF NEDUMBASSERY POLICE STATION, ERNAKULAM (S): PETITIONER ------------------------------ SAYEED C.A, AGED 28, S/O.ABDULLA, CHEMPATTU HOUSE ERAYAMKUDY, PO. MAMBRA, MUKUNDAPURAM TALUK. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENT(S): --------------- S.I. OF POLICE, NEDUMBASSERY POLICE STATION, REP BY PUBLIC PROSECUTOR DISTRICT COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3408 of 2010 ---------------------------------------------- Dated 9th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 419, 420, 468, 469, 471, 473 and 34 of the Indian Penal Code. According to prosecution, first accused received huge amount from one Ashraf, by offering a job for his son in the Marketing Section of Cochin International Airport. An interview was fixed to 11.1.2010 and interview was conducted by petitioner, who is second accused, posing himself to be the Executive Director of the Cochin International Airport. Several persons appeared for interview, but no job was given. The amounts were not returned and hence, a complaint was made by the aggrieved to the International Airport Authorities, who, in turn, gave a complaint to the police, based on which a crime is registered against the accused. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. First accused is involved in the offence and petitioner was only working as his driver. Petitioner used to move around with first accused, being his driver. He has studied only up to 10th Standard and he is incapable of conducting any interview and it may not be possible for him even to face highly qualified persons, who are BA NO.3408/10 2 appearing for the interview. The allegations made against him are absolutely false and he may be granted anticipatory bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that investigation was conducted into the case and as per the materials so far collected, petitioner has conducted the interview, styling himself to be the Executive Director and it is not correct to say that he is innocent. His presence is required for interrogation. Several documents are forged also, including the interview cards, which were printed in the letter pad of Cochin International Airport Authority. 5. On hearing both sides and on considering the serious allegations made against petitioner, the nature of the investigation required, the need for interrogation of petitioner etc., I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner is bound to surrender before the Investigating Officer and co-operate with the investigation. Petition is dismissed. K.HEMA, JUDGE. tgs