IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Bail Appl..No. 6807 of 2008() ----------------------------- CRMP.3112/2008 of D.C. & SESSIONS COURT, ERNAKULAM CRIME NO.58/08 OF PARAVOOR POLICE STATION PETITIONER/1ST ACCUSED. ------------------------------------------- JOHN BOSCO, AGED 28, S/O. BENEDICT, PARAPPURATHU VEEDU, KALAKKODU P.O., POOTHAKULAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): COMPLAINANT. --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, PARAVOOR POLICE STATION OF KOLLAM DISTRICT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6807 of 2008 ----------------------------------------- Dated this the 1st December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 34 of the Indian Penal Code. According to prosecution, de facto complainant found an advertisement in the newspaper published by a recruiting agent, by name, “M/s.M.K.Travels”, that some persons are required for employment as “caregivers” in Israel. Accordingly, de facto complainant applied for it and first accused interviewed her. She was asked to give Rs.2.25 lakhs at his residence. She gave the money to first accused, which was handed over to second accused, who is his father. She obtained the job and she went to Israel. From there, third accused took her from the Airport to the employer. But she was not given the promised job and money was also not returned and thereby she was cheated by accused 1 to 3, in furtherance of a common intention. 3. Learned counsel for petitioner submitted that petitioner has absolutely no connection with the recruiting agency. He and his brother (third accused) are working in Israel for a long time. De facto complainant procured a job in Israel through the same agency, but it was under the same employer with whom petitioner BA.6807/08 2 and his brother are working. But, she was found unfit for the job and she lost the job. 4. It is also submitted that as per Annexure A5, only 700 $ are allowed to be collected from the employee by the agency and it is not correct to say that Rs.2.25 lakhs were received from de facto complainant. It is also submitted that petitioner reached India during the pendency of this petition, but he underwent a surgery and he is under treatment now. Therefore, if petitioner is arrested, it will cause irreparable loss and injury, it is submitted. He is prepared to surrender before the police and co-operate with the investigation, but he has to go back to Israel for his job, failing which, he is likely to lose his job. He is also working as a care-giver. He also undertakes that he will participate in the trial, but his job may not be affected because of the trial, it is submitted. 5. Learned Public Prosecutor submitted that petitioner is required for interrogation. It is also submitted that as per the allegations made, petitioner himself is the person, who interviewed de facto complainant and received money. It cannot be said that he has no connection with the recruiting agency. The matter requires investigation. It is also submitted that petitioner may be directed to BA.6807/08 3 surrender his passport, failing which he will not be available for trial. 6. On hearing both sides and on consideration of the rival contentions and documents produced and also petitioner's willingness to co-operate with the investigation and trial, I find that suitable directions can be issued and the following order is passed: i) Petitioner shall surrender before the investigating officer within two weeks from today and co-operate with the investigation and make himself available for interrogation. ii) Thereafter, if petitioner is arrested, he shall be produced before the Magistrate Court concerned and 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 learned Magistrate. iii) Petitioner shall report before the investigating officer as and when directed for the purpose of investigation. iv) Petitioner shall not influence or intimidate any witness or tamper with evidence while on bail. BA.6807/08 4 v) Petitioner shall surrender his passport before the Magistrate Court within two weeks from today and the learned Magistrate is at liberty to pass appropriate orders regarding the release of the passport, as and when any application is filed for such release. Petition is allowed. K.HEMA, JUDGE vgs.