IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1828 of 2008() ----------------------------- CRIME NO.121 OF 2008 OF THIRUVALLA POLICE STATION PETITIONER : ACCUSED NO.2 ----------------------------- MRS. ABITHA BEEVI, AGED 60 W/O.ABDUL KHADER, NO.564, IST MAIN, 3RD BLOCK RMV IIND STAGE, DOLLARS COLONY, BANGLORE-99 (FROM CHOORAKAD HOUSE, PALIYEKARA, THIRUVALLA) BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1828 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. Petitioner is the 2nd accused. Her husband is the 1st accused. The crux of the allegations is that the two accused persons in furtherance of their common intention induced the defacto complainant fraudulently to part with an amount of Rs.20,000/- in the year 1985 with the promise that employment abroad shall be secured. Employment was not secured. The amount was not returned. It is, in these circumstances, that the private complaint has been filed. The husband has already been arrested and enlarged on bail. The petitioner, wife apprehends imminent arrest. 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, that the petitioner can be granted anticipatory bail subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. B.A.No.1828 of 2008 2 i) The petitioner shall appear before the learned Magistrate at 11 a.m on 05.04.2008. She shall be enlarged on regular bail on her executing 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 herself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 07.04.2008 and thereafter 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 her in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to her surrender on 05.04.08 as directed in clause (1) above, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 05.04.08. (R.BASANT, JUDGE) rtr/- B.A.No.1828 of 2008 3