IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 7658 of 2011 CRIME NO.223 OF 2011 OF KADAVANTHRA POLICE STATION, ERNAKULAM. PETITIONER: ACCUSED: -------------------- JOY STEPHEN, S/O.P.J.STEPHEN,AGED 48 YEARS, MANAGING DIRECTOR, M/S.POLINSYS IMMIGRATION CONSULTANTS PRIVATE LIMITED, OPP.TO BSNL BHAVAN,KALATHIPARAMBU ROAD, KOCHI-16. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-682 031. 2. THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, ERNAKULAM,KOCHI-682 020. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7658 OF 2011 ------------------------------------------------------ Dated this the 4th day of October, 2011 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 accused in Crime No.223 of 2011 of Kadavanthra Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 406, 417 and 420 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The petitioner had recruited several persons to different countries for jobs. The allegation is that the de facto complainant, with whom the petitioner had entered into an agreement for sharing the profit, was not given the due share by the petitioner. BAIL APPL. NO. 7658 OF 2011 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 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 Rupees Ten thousand 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/