IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2175 of 2008() ----------------------------- CRMP.835/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.176/2008 OF PUNALUR POLICE STATION .................... : PETITIONER/ 2ND ACCUSED ---------------------------------------- BASHEER, S/O.SHAMSUDEEN, AGED 42 YEARS, BISMI HOUSE, VALAKKODU.P.O, PUNALUR, KOLLAM. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY S.I. OF POLICE, PUNALUR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON 07/04/2008 PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2175 of 2008 ---------------------------------------- Dated this the 8th day of April 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations under Section 420 read with 34 I.P.C. The first accused is the employer of the petitioner and the third accused is the wife of the employer of the petitioner. The crux of the allegations is that all the three accused persons had induced gullible and innocent members of the public to part with amounts on the promise that visas for employment abroad shall be made available to them. The third accused has already been granted anticipatory bail. The petitioner herein is even admittedly only an employee of the first accused. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case to which I have already made brief reference that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No./08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five 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 3 p.m on 16/04/2008 and 17/4/2008. 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 and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. (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 these directions were not issued at all. (iv) If he were arrested prior to 15/04/2008, 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 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No./08 3 B.A.No./08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007