High Court Kerala High Court

Beenu M.Balakrishnan vs Sub Inspector Of Police on 4 April, 2008

Kerala High Court
Beenu M.Balakrishnan vs Sub Inspector Of Police on 4 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2075 of 2008()


1. BEENU M.BALAKRISHNAN,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :04/04/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                       B.A.No.2075 of 2008
                      -------------------------------------
                Dated this the 4th day of April, 2008

                                  ORDER

Application for anticipatory bail. Petitioner, a woman, faces

allegations under Section 420 I.P.C. The crux of the allegations

against the petitioner is that she runs a Call Centre Training

Institution. She had allegedly received an amount of Rs.13,000/-

from the defacto complainant. It was promised that call centre

training will be imparted to the defacto complainant. The defacto

complainant alleges that he did not get the quality of training

which was expected at the time when the amount was paid. It is

his grievance that he has been deceived and defrauded by the

petitioner. Crime has been registered on the basis of a private

complaint filed by the defacto complainant and referred to the

police by the learned Magistrate under Section 156(3) Cr.P.C.

Investigation is in progress. The petitioner apprehends imminent

arrest.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. The defacto complainant was

given the service which the petitioner was expected to offer for

B.A.No.2075 of 2008 2

him. He did not avail of such facilities and has now turned round

to raise false allegations against the petitioner. It is prayed the

petitioner may be granted anticipatory bail.

3. The learned Public Prosecutor does not oppose the

application. The learned Public Prosecutor submits that

appropriate conditions may be imposed.

4. Having considered all the relevant inputs, I am

satisfied, that the petitioner can be granted anticipatory bail

subject to appropriate terms and conditions:

5. In the result, this Bail Application is, allowed. The

following directions are issued under Section 438 Cr.P.C.

i) The petitioner shall appear before the learned

Magistrate at 11 a.m on 15.04.2008. She shall be enlarged on

regular bail on her executing a bond for Rs.25,000/- (Rupees

Twenty Five thousand only) with two solvent sureties each for the

like sum to the satisfaction of the learned Magistrate;

ii) The petitioner shall make herself available for

interrogation before the Investigating Officer between 10 a.m and

3 p.m on 16.04.2008 and thereafter as and when directed by the

Investigating Officer in writing to do so;

B.A.No.2075 of 2008 3

iii) If the petitioner does not appear before the learned

Magistrate as directed in clause (i), directions issued above shall

thereafter stand revoked and the police shall be at liberty to

arrest the petitioner and deal with her in accordance with law as if

those directions were not issued at all;

iv) If the petitioner were arrested prior to her surrender on

15.04.08 as directed in clause (1) above, she shall be released

from custody on her executing a bond for Rs.25,000/- (Rupees

Twenty Five thousand only) without any sureties undertaking to

appear before the learned Magistrate on 15.04.08.

(R.BASANT, JUDGE)
rtr/-