NISHA BIJU, NITHIN VIEW AND STANLEY JACOB @ SABU Vs. STATE OF KERALA REPRESENTED AND SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition is for anticipatory bail.

(2.) The alleged offence is under Section 420 read with Section 34 of the Indian Penal Code. According to prosecution, defacto complainant was induced to pay Rs. 65,000/- to first accused, for the purpose of arranging a visa and he paid the money to first accused in the presence of second accused. It is second accused who had introduced defacto complainant to first accused. The visa was arranged, and defacto complainant went abroad and he was instructed by first accused to meet one Mr. Robert. He met Mr. Robert and he demanded to pay Rs. 35,000/- more to him, for arranging the job. He paid the said amount also. He worked there for some time, but the job was not to his satisfaction. Hence, he returned to India, but the Airport authorities found out that visa was a fake one and hence he was arrested and detained in prison for four months, in Malaysia. His relatives spent Rs. 2 lakhs to get him released from jail and thereafter, when he came to India, he filed complaint against petitioners.

(3.) Learned Counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. They have not received any money, as alleged. First accused is a woman and she is having a child aged 3 years. She has only introduced Mr. Robert to defacto complainant, since her husband got a job abroad through him. No offence, as alleged, is committed by petitioners, it is submitted.