Rajeev Mathew v. State of Kerala, rep. by its Public Prosecutor, High Court of Kerala
2013-11-08
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is accused, in Crime No.1092 of 2013 of the Museum police station (Thiruvananthapuram) for the offences punishable under Secs.406 and 420 of the Penal Code and Sec.24(2) of the Emigration Act, 1984, apprehends arrest and has filed this application. Allegation is that the petitioner used to recruit people to foreign countries without license. 2. Learned counsel submits that the petitioner started a new office for his business and due to business rivalry, another person has caused the complaint to be made. It is submitted that petitioner has obtained license from the appropriate authorities for his business which he is prepared to exhibit before the investigating officer. It is also submitted that if the petitioner is allowed to open his office for a week, he will be able to arrange visa for all the persons who have applied for it. 3. I have heard the learned Public Prosecutor also. 4. Having regard to the circumstances, the following directions are issued: 1) Petitioner is granted a months' time from this day to appear before the court concerned and seek regular bail subject to the following conditions:- a) Petitioner shall report to the officer investigating Crime No.1092 of 2013 of the Museum police station on every Saturday between 10:00 a.m. and 12:00 during the said period of one month. b) Petitioner shall report to the investigating officer as and when required for interrogation. c) In case petitioner is arrested during the said period of one month, he shall be released by the arresting officer during the said period of one month (or rest of the period of one month) on his executing bond for Rs.15,000/-(Rupees Fifteen thousand only) with two sureties for the like sum each and subject to the following conditions: a) It is open to the petitioner while being interrogated by the police to produce the license he claims to have and show that he is doing the business in a lawful manner. b) It is open to the investigating officer to consider whether the petitioner could be allowed to open his shop for a limited period so that during that time the petitioner could issue visa to all the applicants, of course lawfully.
b) It is open to the investigating officer to consider whether the petitioner could be allowed to open his shop for a limited period so that during that time the petitioner could issue visa to all the applicants, of course lawfully. c) Petitioner shall surrender before the court concerned within the above said period of one month and requests for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance. d) Learned magistrate shall take into account all relevant circumstances when the application for bail is moved and pass appropriate orders.