IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Bail Appl..No. 807 of 2008() ---------------------------- CRIME NO. 18/08 OF CENTRAL POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- SOBHI GEORGE, AGED 40 YEARS, S/O.KORA GEORGE, KAKKARTHU HOUSE, NELLIMATTOM, KOTHAMANGALAM, ERNAKULAM DIST. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 807 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under Section 420 I.P.C. He is alleged to have collected amounts from the defacto complainant on the promise that VISA for employment abroad shall be provided. VISA has not been provided and the amount was not returned. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest in these crimes. 2. The petitioner who faces identical allegations in two other crimes was granted anticipatory bail as per common order dt. 5.2.2008 in B.A. Nos. 8136 of 2007 and 428 of 2008. 3. The learned counsel for the petitioner prays, the learned Prosecutor and the counsel for the defacto complainant, Shiji P. Abraham, do not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioner, subject to B.A.No. 807 of 2008 2 appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 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 12.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that: (i) he executes 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; and (ii) He appears again before the learned Magistrate on 29.2.2008 and deposit an amount of Rs.3.10 lakhs along with a statement that the said amount can be released to the defacto complainant. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 13.2.2008 and 14.2.2008. During this period, the investigators shall B.A.No. 807 of 2008 3 be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 12.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 12.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 12.2.2008. (R. BASANT) Judge tm B.A.No. 807 of 2008 4