IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1883 of 2008()
1. SHINY @ SHYLAJA,D/O.CHANDRAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.P.B.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/03/2008
O R D E R
R.BASANT, J
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B.A.No.1883 of 2008
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Dated this the 26th day of March, 2008
ORDER
Application for anticipatory bail. Petitioner, a woman, faces
allegations as the 3rd accused in a crime registered under Section
420 I.P.C. The 1st accused is allegedly the husband of the
petitioner. The petitioner stoutly denies the said assertion of her
marital status. The crux of the allegations is that the defacto
complainant was induced to part with an amount of Rs.80,000/-
on the promise of a visa for employment abroad. Visa was not
made available. Amount was not returned. The 1st accused runs
the establishment. The petitioner, allegedly the wife of the 1st
accused, was also available in the business premises, it is alleged.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the petitioner can now be granted anticipatory
bail. The 1st accused has not been arrested, submits the learned
Public Prosecutor. The learned Public Prosecutor clarifies that the
concession that the petitioner can be granted anticipatory bail
may not be reckoned as having any reflection on the claim of the
1st accused for bail or anticipatory bail.
B.A.No.1883 of 2008 2
3. I am satisfied in the facts and circumstances of the
case that the petitioner can be granted anticipatory bail subject to
appropriate terms and conditions. In the absence of opposition, it
is not necessary for me to advert to facts in any greater detail in
this order.
4. In the result, the 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 02.04.2008. 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 03.04.2008 and thereafter on all Mondays for a period of
one month between 10 a.m and 3 p.m. Subsequently the
petitioner shall make herself available for interrogation before the
Investigating Officer as and when directed by the Investigating
Officer in writing to do so;
iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
B.A.No.1883 of 2008 3
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
02.04.08 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 02.04.08.
(R.BASANT, JUDGE)
rtr/-