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2005 DIGILAW 763 (KER)

H. P. Shabu v. State of Kerala

2005-12-06

K.PADMANABHAN NAIR

body2005
Judgment :- This is an application filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. 2. The petitioners are the accused in Crime No.352 of 2005 of Valiyathura Police Station, registered under Sections 406, 420 and 506(1) read with Section 34 of Indian Penal Code. The allegation against the petitioners is that they collected an amount of Rupees Nine Lakhs from four persons promising them a Job Visa to Rome. It is alleged that those persons were sent to Paris. From Paris they went to Rome on their own. According to the prosecution, they were not provided with any help at Rome. Finally they approached a charitable organisation and came back to India. 3. After hearing both sides and perusing the Case Diary, I am of the view that it is not just and proper to grant the relief of pre-arrest bail in a case of this nature. 4. It is argued that the allegations levelled against the 1st petitioner are also false. It is submitted that because the first petitioner is a loyalist of the newly formed political party, D.I.C.(K), he is harassed at the instance of the members of Indian National Congress. It is also argued that the 2nd petitioner is working at a Higher Secondary School at Nettayam and she is totally innocent and she is falsely implicated in this case only to exert pressure on the 1st petitioner. It is also submitted that there is absolutely no chance for the 2nd petitioner to abscond as she is a school teacher. 5. In the nature of the allegations levelled against the accused, it is not just and proper to grant the relief of pre-arrest bail in a case of this nature. It is open to the petitioners to surrender either before the Investigating Officer or the learned Magistrate and seek regular bail. It is open to the second petitioner to raise all contentions raised before this Court while arguing the bail application. It is also open to the 2nd petitioner to point out that she is entitled to be released on bail in view of the proviso to Section 437 of the Code of Criminal Procedure. It is open to the second petitioner to raise all contentions raised before this Court while arguing the bail application. It is also open to the 2nd petitioner to point out that she is entitled to be released on bail in view of the proviso to Section 437 of the Code of Criminal Procedure. In case she files an application sufficiently early with copy to the Public Prosecutor and surrenders before the Magistrate, the learned Magistrate shall hear and dispose of the same as expeditiously as possible, preferably on the date of surrender itself. The learned Magistrate shall consider whether she can be released on bail in view of the proviso to Section 437 of the Code of Criminal Procedure and also considering the fact that she is a teacher working in the Higher Secondary School. In the result, the Bail Application is dismissed with the above observations.