IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1542 of 2008() ----------------------------- CRIME 446/08 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONER/PETITIONER -------------------------------------- SOBHI GEORGE, AGED 40 YEARS, S/O. KORA GEORGE, KAKKARATH HOUSE, NELLIMATTOM KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI. K.SIJU RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1542 OF 2008 E ```````````````````````````````````````````````````` Dated this the 12th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered under section 420 IPC. The crux of the allegations against the petitioner is that he had fraudulently induced the de facto complainant to part with amounts on the unintended promise that visas for employment abroad shall be made available. Crime has been registered. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that further investigation in this case has been discontinued in the light of the fact that the grievance of cheating raised in this case is already the subject matter of the investigation in crime No.242/08. In that crime, investigation is complete. Final report has already been filed in that crime. There is an BA.1542/08 : 2 : allegation raised against the petitioner herein that he had cheated the de facto complainant in this case also. In the light of these circumstances, the petitioner is not required to be arrested again in the present crime. Necessary report has already been filed before the learned Magistrate to intimate this fact, submits the learned Public Prosecutor. 3. The de facto complainant is represented by a counsel. The de facto complainant wants to oppose the application for grant of anticipatory bail. 4. In the light of the submissions of the learned Public Prosecutor that further investigation in this crime was discontinued in view of the final report filed in the earlier crime and in view of the undertaking that the petitioner shall not be arrested in this crime, I am satisfied that this petition can be dismissed as unnecessary. 5. In the result, this petition is dismissed as unnecessary now in the light of the submissions made by the learned Public Prosecutor. Needless to say, any remedy BA.1542/08 : 3 : which the de facto complainant has in law will remain unfettered by the dismissal of this bail application by this order. (R.BASANT, JUDGE) aks