IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 7987 of 2007() ----------------------------- CRIME 798/07 OF KAYAMKULAM POLICE STATION PETITIONERS/ ACCUSED: ------------------------- 1. UNNIKRISHNAN, S/O.GOVINDAN ACHARI, AGED 57 YEARS, THOTTUVATHALA BHAVAN, AMBALAPUZHA P.O., ALAPPUZHA. 2. UMESH RAJ, S/O.UNNIKRISHNAN, AGED 28 YEARS, THOTTUVATHALA BHAVAN, AMBALAPUZHA P.O., ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI SRI.K.A.RIYAS RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7987 OF 2007 A ```````````````````````````````````````````````````` Dated this the 4th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners face allegations in a crime registered for offences punishable under Section 420 read with 34 IPC. The crime is registered as Crime No.798/07 of Kayamkulam police station. That crime has been registered on the basis of a private complaint filed by the de facto complainant and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. 2. The crux of the allegations is that an amount of Rs.6,500/- was received from the de facto complainant by the petitioners with the fraudulent promise that employment abroad shall be made available to the de facto complainant. Employment was not provided. Passport was not returned. Later, a complaint was filed before the Dy.S.P. and thereafter the passport was released to the de facto complainant. 3. The learned counsel for the petitioners submits that BA.7987/07 : 2 : the petitioners are absolutely innocent. The amount was received not as consideration by the petitioners but as consideration for the conduct of the medical examination. Subject to any appropriate conditions, the petitioners may be saved of the trauma of arrest and incarceration. The petitioners are willing to deposit an amount of Rs.6,500/- which amount alone is even allegedly due from him to the de facto complainant, submits the learned counsel for the petitioners. 4. The learned Public Prosecutor does not oppose the application on condition that appropriate safeguards are imposed and insisted. 5. I am satisfied that, in the facts and circumstances of the case, the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 6. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. 1) Petitioners shall surrender before the learned BA.7987/07 : 3 : Magistrate having jurisdiction at 11 a.m on 15.1.2008. They shall be released on regular bail by the learned Magistrate on the following terms and conditions:- i) They shall deposit total amount of Rs.6,500/- before the learned Magistrate which shall be retained in deposit by the learned Magistrate and shall be released on culmination of the proceedings against the petitioners to the person who is found entitled for such amount. ii) They shall 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. iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 p.m on all Mondays and Fridays for a period of one month from 15.1.08. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iv) If the petitioners do not appear before the learned BA.7987/07 : 4 : 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. (v) If they were arrested prior to 15.1.08, 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 15.1.08. (R.BASANT, JUDGE) aks