IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4734 of 2007()
1. NAJIMUDEEN @ NAJEEB, S/O.SAINULABDEEN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.M.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4734 of 2007
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Dated this the 7th day of August 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Section 420 I.P.C. The crime has been
registered on the basis of a private complaint filed before the
learned Magistrate and referred to the police under Section 156
(3) Cr.P.C. Investigation is in progress. The crux of the
allegations is that amounts handed over by the complainant to
the accused for securing visas have not been returned.
Passports handed over have also not been returned.
Investigation is in progress. The petitioners apprehend
imminent arrest.
2. The learned counsel for the petitioner submits that
the dispute between the complainant and the petitioner have all
been settled already. Dispute was regarding return of the
passport and money to the de facto complainant by the
petitioner. The same having been settled, there is absolutely no
justification for any arrest and detention of the petitioner.
B.A.No.4734/07 2
Appropriate direction under Section 438 Cr.P.C may be issued in
favour of the petitioner, it is prayed.
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor submits that the
complainant does not appear to be interested in the prosecution
of his complaint. The accused was available for questioning. On
his questioning, it appears that the matter has been settled and
all the disputes have been resolved. In these circumstances,
anticipatory bail can be granted to the petitioner subject to
appropriate conditions,submits the learned Public Prosecutor.
4. In the circumstances explained above, I am satisfied
that appropriate directions under Section 438 Cr.P.C can be
issued in favour of the petitioner. This petition is accordingly
allowed. Following directions are issued under Section 438
Cr.P.C in favour of the petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 14/08/2007.
ii) He shall be released on regular bail on condition that
he executes bond for Rs.25,000/-(Rupees twenty five thousand
only) with two solvent sureties each for the like sum to the
B.A.No.4734/07 3
satisfaction of the learned Magistrate.
iii) The petitioner shall make himself available for
interrogation before the investigating officer as and when
directed by the investigating officer in writing to do so.
(iv) 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 him in accordance with law,
as if these directions were not issued at all.
(v) If he were arrested prior to 14/08/2007, he shall be
released from custody on his executing a bond for Rs.25,000/-
(Rupees twenty five thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
14/08/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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B.A.No.4734/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007