Marhabath vs State Of Kerala

Mohammed Nias C.P, J

Apprehending arrest in Crime No.1169/2023 of Kilikolloor police station, Kollam, registered for offences under Sections 409, 406 & 420 of the Indian Penal Code, the accused has filed this petition.

The prosecution allegation is that, with dishonest intention of making unlawful gain by cheating the defacto complainant and his two friends, A3 introduced his relative Rafeeq as 'Sajeev' employed in Dubai and promised to arrange a scaffolding job in an oil rig in Dubai and dishonestly induced the defacto complainant and his friends to deliver an amount of Rs,2,01,000/- to the account of the accused. The accused failed to arrange a job as promised and thus cheated the defacto complainant and his friends, thereby committing the above-said offences.

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

On hearing the learned counsel on either side and considering the allegation against the petitioner that the amount was taken promising a job in Dubai and also the materials, primafacie showing the involvement, I do not think this is a fit case to grant anticipatory bail to the petitioner.

Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating Officer in two weeks, 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 applications on merit 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.