IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6405 of 2009() ----------------------------- CRIME NO.208/09 OF IRIKKUR POLICE STATION, KANNUR .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- K.P.MAJEED, AGED 29 YEARS, S/O.K.P.NABEESA, RASHEEDA MANZIL, KAYARALAM POST, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.V. UNNIKRISHNAN SRI.IEANS.C.CHAMAKKALA RESPONDENT(S): COMPLAINANT ------------------------------------------- KERALA STATE REPRESENTED BY THE STATION HOUSE OFFICER, IRIKKUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6405 of 2009 --------------------------------------------- Dated this the 9th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.208 of 2009 of Irikkur Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 403, 468, 471 and 420 of the Indian Penal Code. 3. The first accused is the husband of the second accused. It is stated that accused No.3 acted as a broker. The prosecution case is that the accused persons promised employment abroad to the defacto complainant. Though the defacto complainant was taken to Saudi Arabia, he did not get the promised job. It is alleged that the name of the sponsor was not shown in the visa. The defacto complainant could not stay in Saudi Arabia and he was sent back to India. 4. Accused No.2 was granted anticipatory bail as per the order dated 30th October 2009 in Bail Application No.6254 of 2009. BA No. 6405/2009 2 5. Taking into account the facts and circumstances of the case, the nature of the offence 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 Rs.15,000/- 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 csl