IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1435 of 2008() ----------------------------- CRMP.722/2008 of J.M.F.C.,PARAVUR CRIME 34/08 OF VARAPUZHA POLICE STATION .................... PETITIONER/ACCUSED NO.1: ----------------------------------------- ANIL KUMAR @ SUNIL, S/O. SUKUMARAN, PANAYIL HOUSE, ULIYANAD, CHIRACKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA - STATION HOUSE OFFICER, VARAPUZHA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1435 OF 2008 F ```````````````````````````````````````````````````` Dated this the 10th day of March, 2008 O R D E R Application for regular bail. Petitioner is the 1st accused. He faces allegations in a crime registered for offences punishable, inter alia, under sections 420 and 468 IPC. Altogether there are five accused persons. The crux of the allegations against the petitioner is that he, along with the co-accused, had collected a huge amount of about Rs.8,82,000/- from 20 persons promising them, without any authority, that job visas shall be provided to them. He allegedly promised them that they are required to be employed in the Indian School at Sharjah. To induce them to believe that they will be so provided job, forged visas were allegedly given to the victims. Investigation is in progress. The petitioner was arrested on 6.2.08. He continues in custody from that date. BA.1435/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner is innocent. It is prayed that the petitioner, who has remained in custody from 6.2.08, may now be enlarged on bail subject to appropriate terms and conditions. 3. The learned Public Prosecutor opposes the application. He submits that the petitioner has no fixed abode and release of the petitioner would make it practically impossible for this Court to later secure his presence. The petitioner may not, in these circumstances, be granted regular bail. The co-accused have not been arrested so far, it is submitted. 4. Having considered all the relevant inputs, I am satisfied that the petitioner need not be detained in custody to facilitate the completion of investigation, I am satisfied that the petitioner can be granted regular bail subject to conditions. The investigators will have to take all necessary steps to expeditiously complete the investigation. I am satisfied that the petitioner can be directed to be released on bail after BA.1435/08 : 3 : granting the investigators some further time to complete the investigation. In the light of the submissions of the learned Public Prosecutor, the learned Magistrate must insist that sufficient and solvent sureties are made available before the learned Magistrate. 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 19.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two BA.1435/08 : 4 : months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. iv) The petitioner shall furnish to the investigating officer the address of his place of residence within seven days of his release from custody and thereafter he shall keep the investigating officer informed of any further change of such address during the pendency of the case against him. (R.BASANT, JUDGE) aks