IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 3946 of 2009() ---------------------------------------- CRIME NO.202/09 OF KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT. ....... APPLICANT (S)/ACCUSED ------------------------------------- ABDUL AZEEZ CHEKUTTY @ CHEKUTTY HAJI, AGED 48 YEARS,VAYANADAN HOUSE, BUS STAND SHOPPING COMPLEX, OTTAPALAM. BY ADV. MR.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE S.I. OF POLICE, KOTTAKKAL, POLICE STATION. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- B.A.No.3946 of 2009 -------------------------- ORDER Petitioner is the accused in Crime No.202/2009 of Kottakkal Police Station, registered on receipt of Annexure-A private complaint filed by one Ibrahim before Judicial First Class Magistrate's Court, Malappuram alleging that petitioner committed the offences under Sections 417 and 420 of Indian Penal Code, which was sent for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail, apprehending arrest. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Case of the petitioner is that though altogether forty passports were entrusted with him for arranging visa and he had arranged visa for all, the travelling expenses and other expenses in respect of twenty three persons were only given to him and hence only twenty three passports with the visas were BA 3946/09 2 entrusted to the defacto complainant under Annexure-E receipt and the remaining passports are not with him, but are with Akbar Travels and he did not commit any offence as alleged and he is prepared to co-operate with the investigation and in the event of arrest, he be released on bail. 4. Learned Public Prosecutor submitted that considering the nature of the offences, custodial interrogation of the petitioner may be necessary and therefore, petitioner is not entitled to the anticipatory bail. 5. On hearing the learned counsel and learned Public Prosecutor and in the light of the allegations in the complaint as well as in Annexures-C to E, copies of the passports and visas and receipt for handing over twenty three passports, I find that in the event of arrest of the petitioner, he is to be released on bail on sufficient conditions. If petitioner is prepared to co-operate with the investigation, I find that, in the nature of the case, custodial interrogation of the petitioner is not necessary. BA 3946/09 3 In such circumstances, application is disposed directing the Investigating Officer to release the petitioner, in the event of his arrest, on bail on executing a bond to the satisfaction of the Investigating Officer on the following conditions: 1. Petitioner shall appear before the Investigating Officer on every Wednesday between 10 a.m. and 12 noon for one month and thereafter as and when required by the Investigating Officer. 2. Petitioner shall not induce, influence or threaten any person from disclosing facts known to them to the Investigating Officer. 3. Petitioner shall not leave India without the permission of the Magistrate. This order will prevail for one month and it is for the petitioner to seek regular bail from the concerned Magistrate. 24th September, 2009 (M.Sasidharan Nambiar, Judge) tkv