Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.949/2014 of Valiyathura Police Station, Thiruvananthapuram registered for the offences punishable under Sections 406, 420 and 506(i) of the Indian Penal Code.
3. An advertisement was given by the petitioner in a news daily offering Visa for job seekers to Italy. Attracted by the offer, the defacto complainant approached the petitioner. The petitioner demanded an amount of ₹3½ lakhs, out of which, on 25.02.2014, the defacto complainant paid an amount of ₹2 lakhs. Along with the amount, the passport of the defacto complainant was also obtained by the petitioner.
After three months, the defacto complainant received an e.mail from the petitioner stating that the Visa has been arranged. On a perusal of the Visa it was seen that it was a transit Visa for 48 hours to South Africa. Even though the defacto complainant approached the petitioner for getting back the amount paid by him and his passport, he was abused and criminally intimidated.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. Perused the C.D. The contents of the C.D. prima facie reveal the complicity of the petitioner. It seems that by way of repaying part of the amount, a cheque was issued by the petitioner to the defacto complainant for an amount of ₹1,75,000/-. That cheque could not be encashed. The allegations against the petitioner are very grave and serious. The investigation has a long way to go. Considering the seriousness of the allegations against the petitioner and the present stage of investigation, I am satisfied that the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this Bail Application is dismissed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge