IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7418 of 2008() ----------------------------- CRIME NO.635 OF 2008 OF VADAKKEKKAD POLICE STATION PETITIONER/ 2ND ACCUSED ------------------------------------------- MEERABAI, AGED 50 YEARS, W/O.BALAN, KARAYIL HOUSE, PERINJANAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7418 of 2008 ----------------------------------------- Dated this the 12th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 417 and 420 read with 34 of the Indian Penal Code. Petitioner and her husband, who are accused 2 and 1 respectively, allegedly cheated de facto complainant by persuading him to pay Rs.8,00,000/- offering an employment as teacher in the school. Thereafter, no employment was given and the amount was also not paid. 3. Learned counsel for petitioner submitted that first accused is Manager of the school and petitioner is his wife. The allegation is that first accused received huge amount from various persons offering employment and such persons, including de facto complainant, filed suit against first accused. In the suit second accused was not a defendant. Petitioner is implicated in criminal case only with a view to settle the civil cases, it is submitted. Petitioner is absolutely innocent of the allegations made and only vague allegations are made against her that it was at her instance that the amount was paid. BA.7418/08 2 Hence, anticipatory bail may be granted, it is submitted. It is also pointed out that in ten other similar cases, petitioner was grant anticipatory bail. 4. Learned Public Prosecutor submitted that the allegations against petitioner is that it is at her instance that the amount was paid. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court within seven days from today and 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 learned Magistrate, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.