Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 2nd accused in Crime No.721 of 2014 of the Kottayi Police Station registered for the offences punishable under Sections 415, 420, 425 and 427 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that she along with her brother who is the first accused had offered to arrange a job visa to one Ramesh Krishnan, who is the brother of the de facto complainant at Singapore and thereby, the first accused obtained an amount of Rs.1,56,500/- from the de facto complainant and the thereafter, he has not cared to arrange the said visa.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the petitioner has no active involvement in the incident, apart from introducing her brother. It seems she has no role in the incident. There is no allegation that she has obtained any amount from the de facto complainant. It seems that the entire amount has been obtained by the first accused. Matters being so, the custodial interrogation of the petitioner is not required for the continued investigation of the case. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of her arrest on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 16.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make herself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS // True Copy // PA to Judge