High Court Kerala High Court

Abdul Khader M. vs Station House Officer on 23 July, 2008

Kerala High Court
Abdul Khader M. vs Station House Officer on 23 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4513 of 2008()


1. ABDUL KHADER M., S/O MOIDU,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :23/07/2008

 O R D E R
                                  K. HEMA, J.

                    -----------------------------------------------
                     Bail Appl.No. 4513 of 2008
                    -----------------------------------------------
                Dated this the 22nd day of July, 2008.

                                      ORDER

Petition for anticipatory bail.

2. The alleged offences are under Section 420 read with

Section 34 of India Penal Code. According to prosecution, the

petitioner received money from de facto complainant and offered a

permanent Visa for the de facto complainant’s husband, but only a

tourist Visa was arranged. Thereafter, the money was not paid back

and thereby, de facto complainant was cheated by the accused. The

petitioner is the 2nd accused. The first accused is running a travel

agency.

3. Learned counsel for the petitioner submitted that the

petitioner has no connection with the travel agency. Annexure – A1 is

the agreement which shows that the travel agency was leased out to

the first accused. As per the allegations in the complaint, money was

received by the first accused and it was he himself who offered the

Visa. It was also pointed out that there was some quarrel in

connection with the return of money paid by the de facto complainant

for Visa and hence, as a pressure tactics, this compliant was filed, but

[B.A.No.4513/08] 2

petitioner has nothing to do with the crime.

4. Learned Public Prosecutor submitted that he has no objection

in granting anticipatory bail on conditions.

Hence, the following order is passed:

i) Petitioner shall surrender before the investigating officer

within 7 days from today and make himself available for

interrogation.

ii) 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

arresting officer on condition that he will co-operate with

the investigation and report before the investigating officer

as and when directed.

Petition is allowed.

K. HEMA, JUDGE.

Krs.