IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1015 of 2008() ----------------------------- CRIME NO.1364/2007 OF THE KOLLAM EAST POLICE STATION PETITIONER : ACCUSED --------------------------- VIJAYAN BABU @ BIJU NAIR, S/O. NARAYANA PILLAI, KALLAMPLALLY VEEDU KARYAVATTOM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: STATE OF KERALA ------------- STATE OF KERALA REPRESENTED THE SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1015 of 2008 ------------------------------------- Dated this the 28th day of February, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered under Section 420 I.P.C. The crux of the allegations is that the petitioner, by a telephone call made from Dubai, had induced the defacto complainant to remit an amount of Rs.90,000/- in 3 instalments in the account of one Bindu Vijayan. Employment visa was not secured. The amount was not returned. According to the defacto complainant, the petitioner had fraudulently deceived him. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has nothing to do with the lady into whose account the defacto complainant remitted the amount. the petitioner has been unnecessarily dragged into the controversy. Except that the name of the petitioner is Vijayan and that the name of the 2nd accused is Bindu Vijayan, the petitioner has no connection whatsoever with the transaction in question or the 2nd accused. The petitioner may be granted anticipatory bail, it is prayed. B.A.No.1015 of 2008 2 3. The learned Public Prosecutor submits that the said Bindu Vijayan has not been traced so far. Police are making active efforts to contact the said Bindu Vijayan. Only after she is contacted, a definite stand can be taken. The investigator has no objection against grant of anticipatory bail to the petitioner subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 06.03.2008. He shall be enlarged on regular bail on his executing 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) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 07.03.2008 and 10.03.2008 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; B.A.No.1015 of 2008 3 iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 06.03.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 06.03.08. (R.BASANT, JUDGE) rtr/-