Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE27H DAY OF MARCH20146TH CHAITHRA, 1936 Bail Appl..No. 1931 of 2014 () ------------------------------- CRIME NO. 1479/2013 OF THAMPANOOR POLICE STATION, THIRUVANANDAPURAM ------------------- PETITIONER/1ST ACCUSED(S) :- ------------------------------- BENANS K., AGED37YEARS, S/O.KAMALIAS, TC NO.46/636(1), VIJILA BHAVAN MANIKYAVILAKOM, POONTHURA, THIRUVANANTHAPURAM. BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT(S) :- ------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM682031. REPRESENTING SUB INSPECTOR OF POLICE THAMPANOOR. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2703-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.1931 of 2014 ------------------------------- Dated this the 27th day of March 2014 ORDER
Petitioner is the first accused in Crime No.1479/2013 of Thampanoor Police Station, Thiruvananthapuram District. The offences alleged against him and other accused are punishable under Secs.406 and 420 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The allegation is that by making the complainant to believe that a course in Foreign Country would be arranged, the petitioner and other accused collected huge amount from the complainant and that a course was arranged which was not the course as promised earlier. Towards the fee and other expenses, an amount of 7,000 US Dollars was paid by the complainant to IBS (a national agency at Mauritius) through bank. Another sum of 50,000/- was stated to have been given to the B.A. No.1931 of 2014 -:
2. :- petitioner.
3. Learned counsel for the petitioner submits that the receipt of 50,000/- is not disputed but that was received only as service charges. The other transactions were had directly between the IBS at Mauritius and the respective candidates. It is further submitted that the de- facto complainant herein alone has complained about the course arranged and regarding other matters and so, that itself will show that the allegations are not true. I am not entering into the merits of the case.
4. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions: B.A. No.1931 of 2014 -:
3. :- a. The accused shall execute a bond for 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat B.A. No.1931 of 2014 -:
4. :- or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The accused shall not leave India without permission of the court. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K.BALAKRISHNAN, JUDGE. Jvt