Anticipatory bail can be granted considering health circumstances and partial repayments, provided there are no attempts to influence witnesses.

O R D E R

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No. 777/2022 of Mavelikkara Police Station, Alapuzha District alleging commission of offences punishable under Sections 420 and 468 of the Indian Penal Code .

3. The prosecution allegation is that, on 16.10.2019, with the intention of unjust gain to the accused and unjust loss to the defacto complainant, the petitioner had approached the defacto complainant and promised to give UK VISA and in pursuance of the promise, an amount of Rs.2,00,000/- was transfered to the account of the accused from Karipuzha SBI branch from the account of the defacto complainant’s mother Valsala and Rs. 2, 00,000/- from the Haripad SBI branch account in the name of defacto complainant’s father Balan to the account number 11330100108412 of the accused in the Ponkunnam Federal Bank for visa processing expenses. On 12.04.2021, after receiving a total amount of Rs.4,50,000/- including the transfer of Rs.50,000/-

from the defacto complainant and there after the accussed refused to provide job Visa to the defacto complainant and thereby committed the above offences.

4. The petitioner submitted that he has been falsely implicated in the above said crime. Even going by the prosecution allegation, out of Rs. 4 lakhs, Rs. 90,000/- is returned back to the defacto complainant and the balance amount to be paid is Rs. 3,10,000/-. The petitioner submitted that he is seriously ill and is diagnosed with acute chronic liver failure and to substantiate the same, he has produced Annexure A2 Medical Certificate issued by the Mar Sleeva Medicity, Palai, Cherpunkal.

5. The learned Public Prosecutor upon instructions submitted that on a promise to give job visa to U.K., an amount of Rs. 4 lakhs was received by the petitioner and visa was not given to the defacto complainant and he has returned back only an amount of Rs. 90,000/-.

6. Considering the nature of allegation and taking into consideration the health condition of the petitioner, I am inclined to grant anticipatory bail to the petitioner.

In the result, this application is allowed. The Petitioner shall surrender before the Investigating OfÏcer in Crime No. 777/2022 of Mavelikkara Police Station on 03.11.2022 at 11 AM and shall make himself available for interrogation on that day or any other day/days as directed by the Investigating OfÏcer. The petitioner shall co-operate with the investigation. In the event of arrest of the petitioner in Crime No. 777/2022 of Mavelikkara Police Station, the petitioner shall be produced before the jurisdictional Court on the very same day and shall be released on bail subject to the following stringent conditions.

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court;

(ii) Petitioner shall report to the investigating ofÏcer as and when required for the investigation.

(iv) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.

777/2022 of Mavelikkara Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating ofÏcer in Crime No. 777/2022 of Mavelikkara Police Station may file an application before the jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi)

and another ( 2020 (1) KHC 663 ).