High Court Kerala High Court

Sumesh vs The Station House Officer on 14 February, 2008

Kerala High Court
Sumesh vs The Station House Officer on 14 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 867 of 2008()


1. SUMESH , S/O.NANAPPAN
                      ...  Petitioner
2. RAJANI, W/O.SUMESH, RESIDING

                        Vs



1. THE STATION HOUSE OFFICER
                       ...       Respondent

2. STATE REP. BY PUBLIC PROSECUTOR

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/02/2008

 O R D E R
                                R.BASANT, J.

                             ----------------------

                              B.A.No.867 of 2008

                         ----------------------------------------

             Dated this  the  14th day of February 2008


                                    O R D E R

Application for anticipatory bail. Petitioners/spouses face

allegations in a crime registered under Section 420 I.P.C. The

crux of the allegations raised is that the petitioners had induced

the de facto complainant to part with amounts on the promise

that a visa shall be arranged for employment abroad. Visa was

made available. It was not a proper visa. Job seeker had to

return to the country. There was an agreement to pay the

amount. The amount was not paid. Visa was not made available.

It is alleged that the petitioners had cheated the de facto

complainant.

2. The learned counsel for the petitioners submits that

the allegations are totally false. The second petitioner has been

dragged into the controversy without any reasonable cause.

Even the agreement, which is referred to in the F.I.R, knocks the

bottom of the theory that there was any element of cheating in

the conduct on the part of the petitioners. The agreement dated

27/12/2007 does not, in any way, refer to any complicity on the

part of the petitioners or even the involvement of the second

petitioner. The attempt is only to somehow extract money from

B.A.No.867/08 2

the petitioners. The mere fact that there was an agreement to

pay the money does not and cannot entail any culpable liability

for the first petitioner also, submits the learned counsel for the

petitioner.

3. The learned Public Prosecutor does not oppose the

application. I am satisfied, in the facts and circumstances of this

case that the petitioners can be granted anticipatory bail. In the

absence of opposition, it is not necessary for me to advert to

facts in any greater detail.

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 21/02/2008. 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.

ii) The petitioners shall make themselves available for

interrogation before the investigating officer between 10 a.m

and 3 p.m on 22/02/2008 and 23/02/2008. During this period,

B.A.No.867/08 3

the investigating officer shall be at liberty to interrogate the

petitioners in custody and take all necessary steps for the proper

conduct of the investigation in this crime. Thereafter the

petitioners shall so appear on all Mondays and Fridays between

10 a.m and 12 noon for a period of two months. Subsequently

the petitioners shall so appear 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

arrest the petitioners and deal with them in accordance with law,

as if these directions were not issued at all.

(iv) If they were arrested prior to 21/02/2008, they shall

be released from custody on their executing a bond for

Rs.25,000/- (Rupees twenty five thousand only) without any

sureties, undertaking to appear before the learned Magistrate on

21/02/2008.

(R.BASANT, JUDGE)

jsr

B.A.No.867/08 4

B.A.No.867/08 5

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007