IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 29^TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944 BAIL APPL. NO. 727 OF 2022 CRIME NO.2142 OF 2022 OF ADOOR POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED:

TITUS MATHEW AGED 53 YEARS FLORIDA COTTAGE, PONGALADI MURI, PANDALAM THEKKEKKARA VILLAGE, ADOOR THALUK, PATHANAMTHITTA DISTRICT.

PATHANAMTHITTA, PIN – 682018 BY ADVS.

R.SURAJ KUMAR SUNIL J.CHAKKALACKAL RESHMA K.RAJU ANJANA R.S. RESPONDENT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

2 THE SUB INSPECTOR OF POLICE , ADOOR ADOOR POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT, PIN – 691523 BY ADV PUBLIC PROSECUTOR SMT. NEEMA T.V -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the accused in Crime No.2142/2022 of Adoor Police Station, which is registered for the offence punishable under Section 420 of Indian Penal Code.

2. The prosecution case against the petitioner is that he has obtained an amount of Rs.5,25,000/- from the defacto complainant ensuring issuance of VISA to the son of the defacto complainant to Canada. Later, no VISA was arranged and the amount was also not repaid. The crime was registered on the basis of the private complaint by the defacto complainant, which was referred for investigation. This application for anticipatory bail was submitted by the petitioner in such circumstances.

3. Heard both sides.

4. Learned counsel for the petitioner contends that the allegation raised against the petitioner is false. According to the petitioner, the defacto complainant is a person conducting the business of chitty without any proper license. The petitioner is a subscriber of the chitty conducted by the defacto complainant and the filing of this complaint with false allegations are the result of certain dispute in connection with chitty transaction.

5. On the other hand, learned Public Prosecutor would oppose the aforesaid bail application. When all the materials are taken into consideration, it can be seem that, even though the transaction which pertains to the dispute was made on 13.09.2018, the complaint is submitted only in the year 2022. It creates some doubt as to veracity of the case of the defacto complainant. In the fact of the case as above, I am of the view that it is only proper to expedite the investigation for which the co-

operation of the petitioner is absolutely necessary.

6. In such circumstances, this petition is allowed by directing the petitioner to surrender before the police and to ensure his co-operation to the investigation.

In the result, this application is allowed with the following directions:-

1) The petitioner shall surrender before the Investigating officer, within a period of two weeks from today, for subjecting himself for interrogation.

2) After interrogation, the petitioner shall be released on bail, on the very same day of surrender upon the petitioner executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the investigating officer.

3) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.

4) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

5) The petitioner shall also appear before the investigating officer as and when required by him.

6) The petitioner shall not commit any offence of like nature while on bail.

7) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

8) The petitioner shall not leave the State of Kerala without the