IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Crl.MC.No. 1627 of 2011() ------------------------------------ CRIME NO.258/2011 OF MEDICAL COLLEGE STATION, KOZHIKODE .................... PETITIONER/ DEFACTO COMPLAINANT ---------------------------------------------------------- ABHILASH.K.B., AGED 40 YEARS S/O.LATE BHASKARAN, PROPRIETOR, M/S GARNUT TECHNOLOGIES, P.O.ASHOKAPURAM, CALICUT, NOW WORKING AS SENIOR I.T.ENGINEER CONTRACT CYPRUS LIMITED P.B.NO.22042 DOHA QATAR. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/ STATE AND DEFACTO COMPLAINANT -------------------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE,MEDICAL COLLEGE POLICE STATION, KOZHIKODE. PIN- 673 008. 2. CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE.PIN- 673 008. 3. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR ,HIGH COURT OF KERALA, ERNAKULAM -31. 4. NIAZ AHAMMED KA, AGED 41 YEARS S/O.ABBAS ALI, KORAKODE HOUSE P.O.PUTHIYARA, CALICUT .PIN-673 004. R1 TO R3 BY PUBLIC PROSECUTOR SRI. JAYASURYA R4 BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1627 of 2011 --------------------------------------- Dated this 13th day of June, 2011 ORDER Petitioner is accused in Crime No.258 of 2011 of Medical College Police Station, Kozhikoe for offence punishable under Sec.420 of the Indian Penal Code. That case was registered on Annexure-B, complaint filed by the fourth respondent before the learned Judicial First Class Magistrate, Kunnamangalam and forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. Case is that petitioner collected Rs.20,000/- from the fourth respondent on 20.10.2009 on a promise of developing advertisements of Orchard Holiday Resort of the fourth respondent, failed to do so and thereby committed the offence. Petitioner was granted anticipatory bail as per Annexure-D, order dated April 18, 2011 in Crl.M.C.No.517 of 2011 of the Sessions Court, Kozhikode but, subject to certain conditions. Petitioner is aggrieved by condition Nos.3 to 5. 2. I have heard learned counsel for petitioner, fourth respondent and the learned Public Prosecutor. It is submitted by learned counsel that petitioner is working at Doha, is presently abroad and is prepared to come to Kozhikode and execute bond Crl.M.C.No.1627 of 2011 -: 2 :- before the investigating officer as directed by the learned Sessions Judge within two months from this day. It is also submitted that since petitioner is employed abroad, he has to go back after he is interrogated by the investigating officer within a time to be directed by this Court. Thereafter he is prepared to report to the officer concerned or appear before the Court as and when directed. Further argument is that Annexure-B, complaint does not disclose any offence as alleged even if it is accepted toto. Learned counsel for fourth respondent submits that fourth respondent has no objection in giving facility to the petitioner to appear before the investigating officer and execute bond. It is stated that allegation in Annexure-B, complaint prima facie does not disclose any offence as alleged. 3. Having regard to the circumstances stated, I am inclined to lift condition Nos.3 to 5 imposed by the learned Sessions Judge while granting anticipatory bail as per Annexure- D, order. The contention of petitioner that Annexure-B, complaint does not disclose any offence as alleged however is left open to be agitated before appropriate forum at the appropriate stage. Resultantly this criminal miscellaneous case is allowed in part and condition Nos.3 to 5 in Annexure-D, order as lifted, in the following lines: Crl.M.C.No.1627 of 2011 -: 3 :- (i) Petitioner is granted two (2) months' time from this day to surrender before the investigating officer and execute bond as directed by the learned Sessions Judge in Annexure-D, order. (ii) Investigating officer shall complete interrogation of petitioner within a week from the date of his surrender. (iii) On the expiry of the said period of one week petitioner is permitted to go abroad subject to the following conditions: (a) Petitioner shall appear before the investigating officer or Court as the case may be as and when directed to do so in connection with the investigation or trial of the case. (b) While so leaving, petitioner shall leave his address and contact number abroad to the investigating officer. (c) Petitioner shall file affidavit in the trial court that his plea be recorded through counsel and trial be conducted in his absence in the presence of his counsel. The challenge made by petitioner to Annexure-B, complaint and the FIR are left open to be agitated before the appropriate forum at the appropriate stage. (THOMAS P JOSEPH, JUDGE) Sbna/-