IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4473 of 2009() ------------------------------------- CRIME NO.641/2009 OF CHALAKUDY POLICE STATION. PETITIONER -------------------- PRAKASH, AGED 44,S/O.VELAYUDHAN,CHATHANKADAN HOUSE, MANNORE,PATHIRAPALA,OTTAPALAM. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: ---------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION. SRI. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4473 of 2009 ------------------------------------ Dated this the 17th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.641/2009 of Chalakudy Police Station. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the court of Judicial Magistrate of the First Class, Chalakudy, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The case of the defacto complainant is that he was offered a visa to Malayasia by the accused persons and accordingly he paid Rs.60,000/-. He could go to Malayasia. He did not get any job, though job was offered by the accused persons. He went to Malayasia on 31/01/2009 and came back to India on 5/06/2009. 5. Taking into account the facts and circumstances of the B.A. No. 4473 / 2009 Page numbers case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm