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
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B.A.No.2075 of 2008
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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/-