IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3399 of 2008() ----------------------------- CRIME NUMBER NOT KNOWN, KOTTAYAM EAST POLICE STATION PETITIONER ----------------- STEFFY MARY GEORGE, AGED 21 YEARS, D/O.GEORGE, PANNIKKOTTU HOUSE, MUTTAMBALAM P.O. , KANJIKKUZHI, KOTTAYAM. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE. KOTTAYAM EAST POLICE STATION. 2. SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3399 of 2008 ----------------------------------------- Dated this the 4th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the petitioner is running an institute and he misrepresented to the defacto complainant that she will make arrangement for her higher education abroad and also procure a job there. On such false representation, she obtained Rs.50,000/- from the defacto complainant, but the defacto complainant, on enquiry, came to know that the petitioner has no permit as per law to do any of the things which she promised to do. Therefore, a complaint is filed against the petitioner. 3. Learned counsel for petitioner submitted that the defacto complainant requested help of the petitioner to get admission to study in U.K and paid Rs.50,000/- for expenses. She accordingly secured admission for the defacto complainant, but she was unable to join. The seat was kept vacant till 19th May, 2008. To support these averments, documents are also produced. According to petitioner, respondents started threatening the petitioner to return Rs.50,000/-, and on default she was threatened to be arrested for non bailable offences. Hence she moved anticipatory bail before the Sessions Court, Kottayam on 13.5.2005. But case diary was not produced by BA.3399/08 2 the opposite side and the petitioner was compelled to withdraw the petition, after a few positings. 4. It is now alleged that a complaint is lodged on 15.5.2005 and according to petitioner, this complaint is filed only to harass the petitioner on baseless allegations. Facts did not take place as alleged in the complaint. But those are revealed from the documents produced by the petitioner. Annexure-A4 is a letter addressed to the petitioner's institute from the complainant stating that the admission procured for her complainant may be cancelled for personal reasons. It is also mentioned therein that she has received all original certificates, passport and the offer letter. There is also a letter, Annexure-A2, which is written by the Admission Officer, TutorCare, West Sussex, U.K to the defacto complainant, inviting her to the studies etc. 5. It is submitted by learned counsel for petitioner that petitioner is aged only 21 years and she is pregnant also. In the above circumstances, if the petitioner is taken into custody by the police, it will put her great hardship and irreparable injury. Learned Public Prosecutor submitted that taking into account, mainly the physical state of the petitioner, he has no objection in granting anticipatory bail to the petitioner on condition that she will make herself available for interrogation by the police. Learned counsel for BA.3399/08 3 petitioner submitted that the petitioner will surrender before the police for interrogation. 6. Hence, the following order is passed: Petition shall surrender before the investigating officer within ten days from today and make herself available for custodial interrogation. Thereafter, if the petitioner is arrested, she shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following terms and conditions: i) Petitioner shall report before the investigating officer as and when directed by him. ii) Petitioner shall not do any act to tamper with the evidence or influence or intimidate the witnesses and in case there is breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE vgs.