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2008 Supreme(Online)(KER) 19164

HIGH COURT OF KERALA
R.BASANT, J
R BENEDICT – Appellant
Versus
S I OF POLICE – Respondent


O R D E R

Application for anticipatory bail. The petitioner is the second accused. Altogether there are three accused persons. Accused 1 and 3 are the sons of the second accused. The de facto complainant was allegedly promised employment abroad by the first accused. He had received an amount of Rs.2.25 lakhs from the de facto complainant and had allegedly handed over the same to the petitioner herein who received it and kept it. The de facto complainant was given a visa for employment in Israel. She went there and was employed for seven months. She returned later with the grievance that the job offered was not of the type that was contemplated when the amount was paid. On her complaint, the crime has been registered alleging the offence punishable under Section 420 read with 34 I.P.C.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even accepting the entire allegations there are no elements of the offence of cheating brought out against the petitioner. The petitioner may be granted anticipatory bail, submits the learned counsel for the petitioner.

B.A.No.884/08 2

3. The learned Public Prosecutor does not oppose the application. I am satisfi

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