IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5373 of 2007()
1. JOSEPH, AGED 62 YEARS,
... Petitioner
2. ANNEY, W/O.JOSEPH, AGED 55 YEARS,
Vs
1. STATE OF KERALA, REP. BY SUB INSPECTOR
... Respondent
For Petitioner :SRI.DEVIDAS.U.K
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/09/2007
O R D E R
R.BASANT, J.
----------------------
B.A.No.5373 of 2007
----------------------------------------
Dated this the 7th day of September 2007
O R D E R
Application for anticipatory bail. The petitioners are
accused 2 and 3. They are the parents of the first accused. The
crux of the allegations is that the accused persons defrauded and
deceived the victims on the false promise that work permits shall
be made available to the victims who sought employment abroad.
The work permits were not issued. Amounts were received; but
not repaid. The victims realised that the accused persons were
involved in an attempt to deceive and defraud the victims.
Crime has been registered on the basis of a private complaint
filed before the learned Magistrate and referred by the learned
Magistrate to the police under Section 156(3) Cr.P.C.
2. The learned counsel for the petitioner submits that
the petitioners are absolutely innocent. The allegation, if any, is
only against the first accused. They have been arrayed
unnecessarily as accused in an attempt to vex and harass them
so that the first accused can be compelled to agree to the terms
of the de facto complainant and settle the disputes. The
B.A.No.5373/07 2
petitioners, aged parents of the first accused, do not deserve to
stand the trauma of arrest and detention, submits the learned
counsel for the petitioners.
3. The application is not opposed by the learned Public
Prosecutor. Having considered all the relevant inputs, I am
persuaded to agree that the petitioners can be granted
anticipatory bail subject to appropriate terms and conditions.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 14/09/2007.
ii) They shall be released on regular bail on condition
that they execute bonds for Rs.25,000/-(Rupees twenty five
thousand only) each with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate.
iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 15/09/2007 and 16/09/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 12 noon for a period
B.A.No.5373/07 3
of two months and subsequently as and when directed by the
investigating officer in writing to do so.
(iv) If the petitioners do 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 petitioners and deal with them in accordance with law,
as if these directions were not issued at all.
(v) If they were arrested prior to 14/09/2007, they shall
be released from custody on their executing bond for Rs.25,000/-
(Rupees twenty five thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
14/09/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.5373/07 4
B.A.No.5373/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007