IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4513 of 2008() ----------------------------- (CRIME NO. 382/08 OF KANNUR TOWN POLICE STATION) PETITIONER/ACCUSED NO.2 ---------------------------------------- ABDUL KHADER M., S/O MOIDU, AGED 52 YEARS, SHAHINAS, MANAYIDATH, P.O., ERANHIKKAL, KOZHIKODE. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENTS: ------------- STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4513 of 2008 ----------------------------------------------- Dated this the 22nd day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 420 read with Section 34 of India Penal Code. According to prosecution, the petitioner received money from de facto complainant and offered a permanent Visa for the de facto complainant's husband, but only a tourist Visa was arranged. Thereafter, the money was not paid back and thereby, de facto complainant was cheated by the accused. The petitioner is the 2nd accused. The first accused is running a travel agency. 3. Learned counsel for the petitioner submitted that the petitioner has no connection with the travel agency. Annexure - A1 is the agreement which shows that the travel agency was leased out to the first accused. As per the allegations in the complaint, money was received by the first accused and it was he himself who offered the Visa. It was also pointed out that there was some quarrel in connection with the return of money paid by the de facto complainant for Visa and hence, as a pressure tactics, this compliant was filed, but [B.A.No.4513/08] 2 petitioner has nothing to do with the crime. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on conditions. Hence, the following order is passed: i) Petitioner shall surrender before the investigating officer within 7 days from today and make himself available for interrogation. ii) If the petitioner is arrested, 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 the arresting officer on condition that he will co-operate with the investigation and report before the investigating officer as and when directed. Petition is allowed. K. HEMA, JUDGE. Krs.