IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1644 of 2008() ----------------------------- CRIME NO.456/2008 OF CENTRAL POLICE STATION, ERNAKULAM : PETITIONER/ACCUSED: ---------------------------- SOBHI GEORGE, AGED 40 YEARS, S/O.KORA GEORGE, KAKKARATH HOUSE, NELLIMATTOM KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR RESPONDENTS: RESPONDENT: ------------------------ STATE OF KERALA REPRESENTED BY S.I. OF POLICE, CENTRAL POLICE STATION ERNAKULAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SHEJI P.ABRAHAM PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1644 of 2008 ---------------------------------------- Dated this the 19th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under Section 420 I.P.C. The crux of the allegations against the petitioner is that he had received amounts from the de facto complainant inducing him to believe that visa for employment abroad shall be made available to him. Visa was not made available. Amount was not returned. The cheque issued for the discharge of the liability had bounced, exposing unmistakably the fraudulent intentions of the petitioner. It is, in these circumstances, that the de facto complainant raised allegations of cheating punishable under Section 420 I.P.C. An amount of Rs.3,00,000/- remains to be paid to the de facto complainant, it is submitted. 2. The learned counsel for the petitioner submits that the petitioner is making all efforts to repay the amount and discharge the liability. It is prayed that the petitioner may be given some time to make the payment and avoid the consequence of arrest and incarceration. There was no element of cheating at all. Financial difficulties had resulted in the delay in repayment of the amount due. Subject to appropriate conditions, the petitioner may be granted anticipatory bail. He B.A.No.1644/08 2 may not be compelled to endure the trauma of arrest and detention, submits the learned counsel for the petitioner. 3. In some other similar cases, the petitioner has already been granted anticipatory bail, subject to conditions. The learned Public Prosecutor does not oppose the prayer for grant of anticipatory bail. Appropriate conditions may be imposed, it is prayed. 4. I am satisfied in the facts and circumstances of this case that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 27/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) He shall appear before the learned Magistrate on or before 26/6/2008 and deposit an amount of Rs.3,00,000/- (Rupees three lakhs only) along with a statement that the said B.A.No.1644/08 3 amount can be released to the de facto complainant. iii) He shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 28/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays between 10 a.m and 12 noon till 30/06/2008. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), or does not comply with condition No.ii) above directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 27/03/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 27/03/2008. 6. The de facto complainant has appeared through counsel with the request for impleadment. There is no need for impleadment. The counsel has been heard. B.A.No.1644/08 4 (R.BASANT, JUDGE) jsr B.A.No.1644/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007