IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Bail Appl..No. 531 of 2008() ---------------------------- CRIME NO. 441/07 OF THRIKKAKARA POLICE STATION .................... PETITIONERS ---------------------------- 1. ANIL.K.S., S/O.SUKUMAR, KOYIKKAL HOUSE, PADAMUGHAL, ERNAKULAM. 2. SREEJA.K.P., D/O.KUNJIRAMAN, KOYIKKAL (H), PADAMUGHAL, ERNAKULAM. BY ADV. SRI.GOPAKUMAR.G. RESPONDENTS: ------------- S.I. OF POLICE, THRIKKAKARA POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 531 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are spouses. They face allegations in a crime registered under Sections 406 and 420 I.P.C. The crux of the allegations is that they have been inducing gullible members of the public to pay amounts in instalments on the promise that house hold articles such as T.V., Fridge etc. shall be given to them and they can pay the balance of the price in instalments later after the articles are delivered. It turned down that the subscribers did not get the articles as promised nor was money advanced returned to them. It is in these circumstances that crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There was no intention for the petitioners to deceive the subscribers. To show their bonafides, the petitioners have already issued a demand draft for the amount due to the defacto complainant. No other person B.A.No. 531 of 2008 2 has come forward and in these circumstances the petitioners may be granted anticipatory bail. They are making efforts to satisfy the grievances of the various customers, submits the counsel. 3. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 18.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 B.A.No. 531 of 2008 3 p.m. on 19.2.08 and 20.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer between 10 and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 18.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 18.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 18.2.2008. (R. BASANT) Judge tm B.A.No. 531 of 2008 4