IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 8136 of 2007() ----------------------------- CRIME NO. 1886/07 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONER/ACCUSED ----------------------------------- SOBHI GEORGE, AGED 40 YEARS, S/O KORA GEORGE, KAKKARTHU HOUSE, NELLIMATTOM, KOTHAMANGALAM, ERNAKULAM DIST. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, ALONG WITH BA NO. 428 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 8136 of 2007 & 428 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2008 O R D E R These applications are for anticipatory bail. The common petitioner faces allegations in these two crimes under Section 420 I.P.C. He is alleged to have collected amounts from two defacto complainants in these crimes on the promise that VISAs for employment abroad shall be provided. VISAs have not been provided and the amounts were not returned. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest in these crimes. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He had no culpable or contumacious intention when the amounts were received. They were perfectly bonafide transactions. On account of reasons beyond his control VISAs could not be made available to the defacto complainants concerned. The petitioner has settled the disputes with the B.A.Nos. 8136 of 2007 & 428 of 2008 2 defacto complainants. An amount of Rs.25,000/- has been paid already to the defacto complainant in Crime No. 1886 of 2007 and an amount of Rs. 1 lakh has already been paid to the defacto complainant in Crime 1819 of 2007, it is submitted. To show his bonafides the petitioner is willing to deposit the balance amount of Rs. 3.25 lakhs and Rs.2.5 lakhs before the learned Magistrate. He may be saved of the undeserved trauma of arrest and detention. The petitioner was willing to pay the amounts directly to the defacto complainants concerned, but they are refusing to accept the amounts on the plea that some others who are said to be similarly placed are also aggrieved and their claims also have to be settled. The learned counsel submits that the claims of the others shall be settled as and when they are raised. Accepting the offer made, the petitioner may be granted anticipatory bail, prays the counsel. 3. The learned Prosecutor does not oppose the applications in as much as the petitioner is displaying his bonafides by offering to pay the balance amount. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, submits the Prosecutor. B.A.Nos. 8136 of 2007 & 428 of 2008 3 4. I have considered all the relevant inputs. I am persuaded to agree that this is a fit case where, if the petitioner shows his bonafides by remitting the balance amounts before the learned Magistrate, anticipatory bail can be granted to the petitioner. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 12.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) in each case with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. He shall remit an amount of Rs.3.25 lakhs in Crime No.1886 of 2007 and Rs. 2.5 lakhs in Crime 1819 of 2007 before the learned Magistrate. He shall file a statement specifying that such amounts can be released to the defacto complainants concerned, if they B.A.Nos. 8136 of 2007 & 428 of 2008 4 claim the amounts before the learned Magistrate. The police shall inform the defacto complainants of these directions issued by this Court. If they do not claim the amounts, the amounts can be retained in Fixed Deposit/Cash Certificate accounts with any bank. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 13.2.2008 and 14.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 12.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. B.A.Nos. 8136 of 2007 & 428 of 2008 5 (d) If the petitioner were arrested prior to his surrender on 12.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 12.2.2008. (R. BASANT) Judge tm