IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2842 of 2010()
1. NISAR,S/O.ABDUL RAHIMAN,PUNATHIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,REP;BY PUBLIC PROSECUTOR
... Respondent
2. ANEESH,S/O.KUNJIRAMAN,KALLUNIRAPARAMBATH
For Petitioner :SRI.MUHAMMED SHAFI.M
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/05/2010
O R D E R
K. HEMA, J
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B.A.No.2842 OF 2010
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Dated this the 24th day of May, 2010
O R D E R
This is a petition for anticipatory bail.
2. According to prosecution, petitioner promised to
arrange a job for the defacto complainant and procured
Rs.50,000/-, photos and SSLC book etc. from her and did not
keep his word and thereby cheated defacto complainant.
3. Learned counsel for the petitioner submitted that
petitioner did not commit any offence. He settled the matter
with defacto complainant as early as in 2003 and petition as
annexure-A1 was filed by defacto complainant stating that
matter is settled. Petitioner had to go abroad since he was
working there and he had o report for duty. Therefore,
warrants were issued and case was registered as LPC.41/04.
4. On hearing both sides, I find that in the peculiar
facts and circumstances of the case, taking into account
B.A. No.2842/10 2
Annexure-A1 dated 2.5.2003, I find that petitioner can be
granted anticipatory bail but considering delay cost must be
ordered. Hence the following order is passed:
Petitioner shall surrender before the
Magistrate court concerned within seven
days from today and he shall be released
on bail on his executing a bond for
Rs.50,000/- with two solvent securities
each for the like amount to the satisfaction
of the learned Magistrate, on condition that
he will deposit Rs.5,000/- as cost to Legal
Service Authority.
This petition is allowed.
K. HEMA, JUDGE.
Sou.