Shali.P.V vs State Of Kerala
2023 Latest Caselaw 11768 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                     BAIL APPL. NO. 9612 OF 2023
   CRIME NO.1423/2023 OF Infopark Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT CRMC 2454/2023 OF DISTRICT COURT &
                      SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED NO.3

            SHALI.P.V.
            AGED 53 YEARS
            S/O VELAYUDHAN, PULLUKAATTUVELIYIL HOUSE,
            NADAKKAVU.P.O., MANAKUNNAM VILLAGE, ERNAKULAM
            DISTRICT, PIN - 682307
            BY ADVS.
            C.G.BINDU
            AJITHA C.G.

RESPONDENT/STATE

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:

            SRI. M.C. ASHI, PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 9612 of   2023
                                   2



                   MOHAMMED NIAS C.P, J.
                   ---------------------------------------------
                    B.A. No. 9612 of 2023
            ------------------------------------------------------
           Dated this the 16th day of November, 2023

                             ORDER

Apprehending arrest in Crime No.1423 of 2023 of

Inforpark police station registered for offences under Sections 406

and 420 read with Section 34 of IPC; the 3rd accused/petitioner

has filed this petition seeking pre-arrest bail.

2. The prosecution allegation is that the accused persons,

with their common intention to deceive the defacto complainant,

offered a work visa to him to Singapore, and the 1st accused

obtained an amount of Rs.60,000/- from the defacto complainant

on 14.02.2023. Further, the accused persons offered a job visa to

Dubai, and the defacto complainant transferred amounts to the 1st

accused on various occasions. Thus, the petitioner and the other

accused have committed the aforesaid offences.

3. The learned counsel appearing for the petitioner and

learned Public Prosecutor were heard.

4. After hearing the learned counsel for the petitioner and the

learned Public Prosecutor, it cannot be said that the offences B.A. No. 9612 of 2023

alleged are not attracted in the case. Considering the allegations

raised against the petitioner of having offered a work visa to the

defacto complainant and obtained an amount of Rs.60,000/-, I am

of the view that the petitioner is not entitled to get anticipatory bail

as it will adversely affect a proper investigation.

5. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the

Investigating Officer in two weeks, he shall be interrogated and

thereafter, shall be produced before the Magistrate having

jurisdiction on the date of surrender itself. If the petitioner moves

for bail, the court below shall, untrammelled by any of the

observations in this order, consider the bail application on merits

as expeditiously as possible. If the petitioner does not surrender

before the Investigating Officer, as directed above, the

Investigating Officer will be free to arrest the petitioner as if no

order has been passed in this case.

The bail application is disposed of as above.

Sd/-

                                          MOHAMMED NIAS C.P

smm                                                JUDGE
 B.A. No. 9612 of   2023



                     APPENDIX OF BAIL APPL. 9612/2023


PETITIONER ANNEXURES
Annexure 1         FREE COPY OF THE ORDER DATED 8.9.2023
                   IN CRL.M.C. NO.2454/2023 OF THE
                   SESSIONS COURT, ERNAKULAM