Praveen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Bail Appl..No. 4408 of 2015 () ------------------------------- CRIME NO. 571/2015 OF MUSEUM POLICE STATION, THIRUVANANDAPURAM DISTRICT ---------------- PETITIONER/ACCUSED :

--------------------------------- PRAVEEN, AGED 37 YEARS, S/O.VISWANATHAN, TC 27/620-2, VANCHIYUR, THIRUVANANTHAPURAM.

BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4408 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Sections 420 of the Indian Penal Code, 1860. The prosecution case is that he made a false promise that he would get a job visa for the first informant's daughter-in-law and received Rs.1,50,000/-. He neither got the visa nor repaid the amount.

3.

Heard.

4.

Learned counsel submits that the petitioner is not involved in the commission of the offence. He only sent the amount received from the first informant to the agent who promised to get the visa. It cannot be accepted because the payment was made into the bank account of the petitioner. Necessarily he has to explain why he received the amount. In these circumstances, it is not proper to grant him anticipatory bail.

B.A.No. 4408 of 2015 -: 2 :- In the result,this application is dismissed.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge