IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 870 of 2008(J) ----------------------------- CRIME NO. NOT SHOWN : PETITIONER/ACCUSED ----------------------------------- JOSEPH C.J., S/O. LATE JOSEPH C.V., CHETTANIYIL HOUSE, PULPALLY P.O., THAZHEYANGADI, SULTHAN BATHERY, WAYANAD. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS: COMPLAINANT ------------------------ S.I. OF POLICE, PULPALLY POLICE STATION, PULPALLY, WAYANAD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.870 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is arrayed as the second accused in a crime registered for offences punishable inter alia under Sections 120B and 420 I.P.C. The crux of the allegations is that the de facto complainant, who is a friend of the petitioner/second accused was introduced to the co- accused by the petitioner herein in an attempt to secure visa for employment abroad. The de facto complainant was compelled to part with money to secure such visa. He was taken to Malaysia; but was unable to secure employment and had to return to India. In these circumstances, it is alleged that the petitioner was one of the conspirators who schemed and planned to defraud and deceive the de facto complainant. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even admittedly he is only a friend of the de facto complainant, who went along with the de facto complainant to meet the other accused. It would be cruel to assume that the petitioner had any contumacious intent to defraud or deceive the de facto complainant, his friend. False B.A.No.870/08 2 allegations are raised in a private complaint filed by the de facto complainant before the learned Magistrate, which has been referred to the police, with a transparent intention of vexing and harassing the petitioner. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case that the petitioner can be granted anticipatory bail subject of course to appropriate conditions, which can ensure the interest of a proper investigation. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 21/02/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m B.A.No.870/08 3 and 3 p.m on 22/02/2008 and 23/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 21/02/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21/02/2008. (R.BASANT, JUDGE) jsr B.A.No.870/08 4 B.A.No.870/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007