Joseph Augusty vs State Of Kerala

Mohammed Nias C. P., J

Apprehending arrest in Crime No.293/2023 of Kelakom Police Station, Kannur, registered for offences punishable under Sections 420, 406 r/w 34 of the Indian Penal Code, the 2nd accused has filed this application, under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

The prosecution case is that, in furtherance of the common intention of making unlawful gain, the accused persons cheated the defacto complainant and her husband by offering a job in Israel and received Rs.13,00,000/-. They have neither arranged the job as offered nor returned the money. The 1st accused conducted a travel agency, and the 2nd accused introduced the defacto complainant to the 1st accused. Thereby, the 2nd accused has committed the aforementioned offences.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

After hearing the learned counsel for the petitioner and the learned Public Prosecutor, it cannot be said that the offences alleged are not attracted in the case. Considering the nature of the offences, I am of the view that the petitioner is not entitled to get anticipatory bail as it might adversely affect a proper investigation. Therefore, the following directions are issued:

If the petitioner surrenders before the Investigating Officer within two weeks from today, 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.