IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 5TH JULY 2006 / 14TH ASHADHA,1928 Bail Appl..No. 3432 of 2006() ----------------------------- CRIME NO.774/2006 OF CENTRAL POLICE STATION PETITIONER/ACCUSED ----------------------------------- K.ASHRAFFKHAN, AGED 3 YEARS, S/O.K.C.KHANI RAWTHER, MANAGING PARTNER, WATER SKY MAN POWER CONSULTANTS, DOOR NO.41/2121 B FIRST FLOOR, SREE BUILDING TAB ROAD, NEAR TOWN HALL, ERNAKULAM NORTH, KOCHI-16, RESIDING AT CHOOLAPARA- MBIL VISTA VETTUVENI, HARIPAD, ALAPPUZHA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE IN CRIME NO. 774/06, OF ERNAKULAM CENTRAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 3432 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2006 O R D E R The petitioner is accused of the offence punishable under Sections 406 and 420 of the Indian Penal Code, in Crime No.774/2006 of the Central Police Station, Ernakulam. The petitioner took a few persons for employment to Malaysia. They have returned without being employed. 2. Heard the allegations and counter allegations made by both sides. I am not entering into any discussion on the merit of the matter. However, during the consideration of the application, the learned Public Prosecutor has submitted that an agreement had been entered into between the petitioner as well as few others in which they have amicably settled the matters among themselves and the petitioner also agreed to make good the loss, which the parties to the said agreement suffered. The prayer of the petitioner is that if he is arrested and put to jail, he will not be able to settle the matter as per the agreement. It is also submitted that the petitioner may be able to help the B.A.No.3432/2006 2 complainants in beneficially employing them, either in Malaysia or in some other place, if they co-operate. 3. In view of the facts that are placed before me, I dispose of this application with the following directions:- i. The petitioner shall appear before the Investigating Officer of the Central Police Station, Ernakulam on 11/07/2006 between 10 a.m and 11 a.m. ii. The Investigating Officer may interrogate him and give him an opportunity to implement the agreement dated 17/04/2006 entered between himself and others. If there are any other persons involved in this case, who demand money from the accused, the Investigating Officer also shall deal with that matter, as well. iii. If the petitioner is arrested, he shall be released on bail on his executing a bond for Rs.25,000/-, with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer arresting him. B.A.No.3432/2006 3 iv. If the Investigating Officer requires the petitioner for custodial interrogation, he may move an application before the trial court and in such situation, the learned Magistrate shall, after hearing both sides, pass appropriate orders. v. The petitioner shall not leave the State of Kerala, without the prior permission of the Chief Judicial Magistrate, Ernakulam. vi. The passport of the petitioner shall be produced before the Investigating Officer and the same shall be detained by the Investigating Officer until, otherwise, ordered by the learned Magistrate. (J.M.JAMES) Judge ms