IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5183 of 2007()
1. M.J. SHAJAHAN, AGED 42 YEARS,
... Petitioner
2. ANILKUMAR, S/O.M.K.SREEDHARAN PILLAI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.JOBI JOSE KONDODY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/08/2007
O R D E R
R. BASANT, J.
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B.A. No. 5183 OF 2007
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Dated this the 24th day of August, 2007
ORDER
Application for anticipatory bail. The petitioners are
accused 1 and 2. They face allegations under Secs.406 and
420 of the IPC. The crux of the allegations against the
petitioners is that they received an amount of Rs.6 lakhs in two
instalments of Rs.2 lakhs and Rs.4 lakhs respectively from the
de facto complainant on the promise that he shall get huge
returns. Returns were not given. The principal amount was
also not returned. The de facto complainant alleges that the
petitioners had fraudulently deceived him. A crime has been
registered. Investigation is in progress. The petitioners
apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the allegations are totally false. The allegations are raised
with vexatious intent. Even accepting all the allegations,
B.A. No. 5183 OF 2007 -: 2 :-
there is no element of the criminal offence of cheating, urges the
learned counsel for the petitioners.
3. The learned Public Prosecutor does not oppose the said
prayer and in the facts and circumstances of this case, I am
satisfied that anticipatory bail can be granted to the petitioners.
4. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioners shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 4/9/07. They shall
be released on regular bail on their executing bonds for
Rs.25,000/- each with two solvent sureties each for the like sum
to the satisfaction of the learned Magistrate.
(ii) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m.
and 3 p.m. on 5/9/07 and 6/9/07 and thereafter on all Mondays
and Fridays between 10 a.m. and 12 noon for a period of one
month. Subsequently, they shall so make themselves available
for interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so.
(iii) 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
B.A. No. 5183 OF 2007 -: 3 :-
arrest the petitioners and deal with them in accordance with law
as if these directions were not issued at all;
(iv) If the petitioners were arrested prior to their surrender
on 4/9/07 as directed in clause (i) above, they shall be released
on their executing bonds for Rs.25,000/- each without any
sureties undertaking to appear before the learned Magistrate
on 4/9/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge