IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 867 of 2008() ---------------------------- CRIME NO.12/2008 OF PERAVOOR POLICE STATION .................... : PETITIONERS/ACCUSED ---------------------------- 1. SUMESH , S/O.NANAPPAN KOTTAKKALLIL HOUSE, PERAVOOR P.O. MANATHANA AMSOM, PERAVOOR DESOM 2. RAJANI, W/O.SUMESH, RESIDING DO..DO.. BY ADV. SRI.CIBI THOMAS RESPONDENT/COMPLAINANT: ------------- 1. THE STATION HOUSE OFFICER PERAVOOR. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.867 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for anticipatory bail. Petitioners/spouses face allegations in a crime registered under Section 420 I.P.C. The crux of the allegations raised is that the petitioners had induced the de facto complainant to part with amounts on the promise that a visa shall be arranged for employment abroad. Visa was made available. It was not a proper visa. Job seeker had to return to the country. There was an agreement to pay the amount. The amount was not paid. Visa was not made available. It is alleged that the petitioners had cheated the de facto complainant. 2. The learned counsel for the petitioners submits that the allegations are totally false. The second petitioner has been dragged into the controversy without any reasonable cause. Even the agreement, which is referred to in the F.I.R, knocks the bottom of the theory that there was any element of cheating in the conduct on the part of the petitioners. The agreement dated 27/12/2007 does not, in any way, refer to any complicity on the part of the petitioners or even the involvement of the second petitioner. The attempt is only to somehow extract money from B.A.No.867/08 2 the petitioners. The mere fact that there was an agreement to pay the money does not and cannot entail any culpable liability for the first petitioner also, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 21/02/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 22/02/2008 and 23/02/2008. During this period, B.A.No.867/08 3 the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do 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 petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 21/02/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21/02/2008. (R.BASANT, JUDGE) jsr B.A.No.867/08 4 B.A.No.867/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007