IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Bail Appl..No. 2974 of 2009() ----------------------------------- CRIME NO. 123/2009 OF KUMBLA POLICESTATION PETITIONER/ACCUSED: ---------------------------------- SHOUKATH SHAFI @ SHAFI,AGED 38/09 O.SHOUKATHALI,R/AT FIRTHOUZ,MAKATHUR,ATHIYANNUR VILLAGE,NEYYATTINKARA TALUK,TRIVANDRUM,NOW R/AT MANGALORE,B.C.ROAD,GUDINABBALI,JABALPURM COMPLEX. BY ADVS. SRI.T.B. SHAJIMON SMT. GOVINDU P. RENUKADEVI RESPONDENTS/COMPLAINANT: ------------------- -------------------------- THE SUB INSPECTOR OF POLICE,KUMBLA POLICE STATION,REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M.S. BREEZE PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------- B.A. No. 2974 of 2009 ------------------------------------ Dated this the 14th day of July, 2009 O R D E R Petitioner is the accused in Crime No. 123/2009 of Kumbla Police Station, registered under Section 420 of Indian Penal Code based on a private complaint. The allegation is that petitioner persuaded the complainant to pay a sum of Rs. 50,000/- to arrange him a Labour Visa to Australia and he did not arrange the Visa and misappropriated the amount. 2. Learned counsel submitted that petitioner is absolutely innocent and he is the sole breadwinner of their family. 3. Considering the nature of the offence and the need for custodial interrogation. This is not a fit case to invoke the extraordinary jurisdiction to grant anticipatory bail. Petitioner is set at liberty to surrender before the Magistrate and seek regular bail. 4. The learned counsel sought a direction to the Magistrate to consider the bail application on the date of B.A.NO. 2974 2 his surrender. When an accused surrenders and files an application for bail. Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. M. SASIDHARAN NAMBIAR, JUDGE Ln