Alvin T Abrham v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Bail Appl..No. 5444 of 2015 ------------------------------------------ CRIME NO. 1933/2015 OF ADOOR POLICE STATION , PATHANAMTHITTA DISTRICT ------------------------- PETITIONER(S)/ACCUSED :
------------------------------------------ ALVIN T.ABRAHAM, AGED 34 YEARS, S/O.T.M.ABRAHAM, CHANDANAVELIL HOUSE, VAZHARMANGALAM P.O., CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT.
BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
------------------------------------------------ B.A No.5444 of 2015 ------------------------------------------------ Dated this the 15th day of September, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioner is the accused in Crime No.1933 of 2015 of Adoor Police Station registered for an offence punishable under Section 420 I.P.C.
3.
Prosecution case, in short, is that the petitioner offered a job visa to the defacto complainant's daughter as Nurse in the Ministry of Kuwait. As promised, she was not provided with the employment. At the time of offering the job, the petitioner had received Rs.4,50,000/- from the defacto complainant. He failed to fulfill the promise and has committed the cheating.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Learned counsel for the petitioner submitted that Annexures A1 to A3 produced along with bail application
B.A No.5444 of 2015 2 would show that she went to Dubai and worked for six months there. As she was not happy with the job, she came back. There is no breach of promise or cheating is the case of the petitioner. Considering the nature of allegation, following directions are issued :
1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. Thereafter, he shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2. The sureties shall produce documents to establish their identity and solvency.
3. The petitioner shall appear before the Investigating Officer as and when directed and co-operate with the investigation.
4. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
B.A No.5444 of 2015 3
5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.
6. If he does not surrender before the Investigating Officer in the stipulated time, this order will automatically ceased to have force.
Sd/- A.HARIPRASAD, amk JUDGE. //True copy// P.A to Judge