IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1688 of 2008() ----------------------------- CRIME NO. 88/08 OF CHALAKUDY POLICE STATION PETITIONER/ACCUSED: ------------------------------------ BARSATH K., AGED 37 YEARS, S/O. GAFOOR, KALLUPARAMBIL HOUSE, CHEMBUCHIRA, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1688 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging the offence punishable under Section 420 I.P.C. He had allegedly received amounts from persons with fraudulent and dishonest intention. No VISA was made available. Money was not returned. In these circumstances it is alleged that the petitioner has committed the offence punishable under Section 420 I.P.C. Investigation is in progress. The petitioner, apprehending imminent arrest, has come before this Court. 2. The learned Prosecutor, after taking instructions, submits that though the petitioner has been arrayed as an accused, investigation reveals that it is not necessary to arrest the petitioner immediately. He can be granted anticipatory bail. He may be directed to make himself available for interrogation before the Investigating Officer to ensure a proper and correct investigation, submits the learned Prosecutor. B.A.No. 1688 of 2008 2 3. Having considered all the relevant inputs, I am persuaded to agree that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 25.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.15,000/- (Rupees fifteen thousand only) with one solvent surety for the like sum to the satisfaction of the learned Magistrate. (b) 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. © The petitioner shall within 10 days of his release furnish to the Investigating Officer the address of his place of residence and shall B.A.No. 1688 of 2008 3 keep the Investigating Officer informed of any future change in address, if any. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 25.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 25.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 25.3.2008. (R. BASANT) Judge tm