IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 4286 of 2008() ----------------------------- (CRIME NUMBER NOT KNOWN OF SREEKRISHNAPURAM POLICE STATION) PETITIONER: ------------------------------ BASHEER AHAMMED, S/O.CHEKKAMU @ ABOOBACKER HAJI, KARIMPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE, SREEKRISHNAPURAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 4286 of 2008 --------------------------------------------------- Dated this the 28th day of January, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 420 read with Section 34 of IPC. A private complaint was filed alleging that petitioner who styled himself as the owner of 'Farms Trading company' in Dubai made fraudulent representations, persuaded and induced the de facto complainant to export eggs to Dubai and eggs worth Rs.43 lakhs were exported. But, payment was not effected and hence, this complaint. 3. Learned counsel for petitioner submitted that this case is an off-shoot of a business transaction between de facto complainant and one 'J.J. Exports' in respect of eggs. It is true that eggs were exported by de facto complainant to Farms Trading LLC in Dubai, but unfortunately, the consignment was banned by the U.A.E. Government. The said company in Dubai was run by Arabs and petitioner is only the Manager there. Petitioner was working abroad, but when he came down to India, a false complaint is lodged against him. Though the Managing Director is Mr. Tayeb only because de facto complainant cannot proceed against an establishment run by the Arabs that a complaint is made against petitioner, it is submitted. 4. Learned counsel for petitioner submitted that petitioner was prepared to make arrangements for settling the [B.A.NO.4286/08 2 issues and he himself had come down to India, since the business ran at a loss. Petitioner was prepared to pay some amount also and this Court had referred the case to Lok Adalat. During the course of settlement talks, a suggestion was made that the de facto complainant could go over to Dubai and settle the issues. Accordingly, petitioner himself deposited an amount of Rs. 1 lakh in the de facto complainant's account towards travel expenses to go over to Dubai. But, petitioner is unable to go to Dubai since the passport issued to petitioner is frozen on the basis of a complaint made by de facto complainant. Petitioner is only a manager and he is unable to do anything in the matter by himself. If petitioner is arrested in this case it is likely that he will be harassed and remanded to custody and he will suffer irreparable injury and loss. 4. It is also submitted that de facto complainant and police had come to petitioner's house and taken him out of the house and later, petitioner's wife and father were arrested and a private complaint was also filed against such assault. The facts being so, if petitioner is arrested on these allegations, it is likely that he will suffer irreparable injury and loss. Petitioner is also prepared to help de facto complainant in all any possible manner to realise the amount from the establishment. which is running the business, but petitioner is unable to make the entire payment, as claimed by petitioner, since he is in an extreme financial stringency and he has come back to India. 5. It is pointed out that as per the letter dated 7.7.2008 sent to the Director General, Chamber of Commerce and Industry, Dubai by the Managing Partner of 'JJ Exports' (de facto [B.A.NO.4286/08 3 complainant) that the customer is Farms Trading LLC and the Managing Director is Mr. Tayeb. The said Sri. Tayeb has been described as the consignee and petitioner is described as the Manager and even his phone number is given in the letter. 6. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant sustained a huge loss and as per the complaint, there is no allegation that consignment was rejected by UAE Government. But, it appears that those were accepted and money was refused to be paid. 7. On hearing both sides, it appears from the materials now available that there was some business transaction and de facto complainant sustained huge loss and a complaint is also made against petitioner, who is the manager of the company to which the consignment was sent. It also appears that petitioner has a strong case to advance at the time of trial regarding his limited role in the business and also regarding the nature of dispute involved. In such circumstances if anticipatory bail is refused it is likely that petitioner may suffer irreparable injury and loss and it is only fit and proper that petitioner is granted anticipatory bail on conditions. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned and 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 learned Magistrate on the following conditions: i) Petitioner shall produced an F.D. Receipt in the name of de facto complainant for an amount of Rs. 1 lakh [B.A.NO.4286/08 4 within one month from the date of this order. ii) Petitioner shall report before the investigating officer within 3 days from the date of release on bail and co- operate with the investigation. iii) Petitioner shall produce the passport, if any, in his possession before the Magistrate court or if it is not in his possession or if he does not have passport, he shall file an affidavit to that effect before the Magistrate Court within 7 days from release. iv) Petitioner shall report before the investigating officer as and when directed. v) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. Petition is allowed. K. HEMA, JUDGE. Krs.