IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5412 of 2008() ----------------------------- CRIME NO.96/08 OF AMBALATHARA POLICE STATION PETITIONER : APPLICANT/ACCUSED ---------------------------------- S.K. BALAKRISHNAN, AGED 52 YEARS, S/O. RAMAN, SREENILAYAM, THAYANNUR, THAYANNUR VILLAGE, HOSDURG TALUK, P.O.THAYANNUR. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, REPRESENTING AMBALATHARA POLICE STATION. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5412 of 2008 ----------------------------------------- Dated this the 29th August, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the petitioner collected an amount of Rs.1,20,000/- from the de facto complainant's brother for the purpose of arranging a job visa at Dubai and he arranged a visa. De facto complainant's brother went abroad and found that there was only a visiting visa and he had no job visa and he, therefore, came back after three months. The petitioner has allegedly cheated him thereby. 3. Learned counsel for petitioner submitted that the alleged transaction took place in the year 2005 and the petitioner only introduced the de facto complainant's brother to one Bharathan, who arranged visa. Petitioner has no connection with the arrangement of visa directly. But the said Bharathan is absconding and hence, de facto complainant has now filed the complaint against the petitioner only to get 2 back the money. There is a long delay of three years in lodging the complaint and it is understood that the de facto complainant's brother is now working abroad. 4. Learned Public Prosecutor submitted that the petitioner is required for interrogation. 5. On hearing both sides and taking into consideration the long delay in lodging the complaint, I find that anticipatory bail can be granted to the petitioner on conditions. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and he shall subject himself to interrogation. If the petitioner is arrested, he shall be released on bail on his 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 conditions: i) Petitioner shall co-operate with the investigation. ii) Petitioner shall report before the investigating officer as and when directed for interrogation. 3 iii) Petitioner shall not commit any offence while on bail or influence or threaten any witness and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.