IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 8057 of 2008() ----------------------------- CRIME NO. 451/2008 OF ERATTUPETTA POLICE STATION PETITIONER/ACCUSED -------------------------------------- AJINA AGED 22, W/O.SAJID,VANIYAPPURACKAL HOUSE, MULLOOPPPARA BAGAM, NADAKKAL KARA, ERATTUPETTA. BY ADV. SRI.K.A.HASSAN RESPONDENT(S): COMPLAINANT -------------------------- 1. S.I.OF POLICE, ERATTUPETTA 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 8057 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 read with section 34 IPC. According to prosecution, petitioner (A1) along with 2nd accused made fraudulent representation to de facto complainant that a visa will be arranged through 3rd accused and for this purpose an amount of Rs.1,15,000/- was received from de facto complainant but only a tourist visa was obtained for de facto complainant and thereby de facto complainant was cheated. 3. Petitioner (A2) was arrested on 21-12-2008 and she is remanded to judicial custody. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made and she is a woman and she may be granted anticipatory bail. 4. Learned Public Prosecutor submitted that petitioner who is the 2nd accused in the crime executed an agreement with de facto complainant and also written letters to 3rd accused and those are seized by Investigating Officer. The handwriting is to be examined and petitioner is required for custodial interrogation. BA 8057/08 -2- 5. On hearing both sides, considering the nature of investigation required and the seriousness of the allegations made, I do not think it fit to grant anticipatory bail to petitioner. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether she surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.