K B MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are husband and wife and accused 1 and 2 in Crime No.371/06 of Chavara Thekkumbhagam Police Station for an offence punishable under section 420 IPC, seek anticipatory bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) Petitioners are alleged to have received amounts totalling to more than 16 lakhs on various occasions from the brother-in-law of the first accused and his relatives promising employment in the Railways. It is too early to accept the petitioners' contention that jobs were actually offered by one Geetha Rani and the petitioners are also victims of Geetha Rani. I am not therefore inclined to grant anticipatory bail to the petitioners. In the case of the second petitioner, being a lady, I am inclined to grant anticipatory bail to her. Accordingly, the first petitioner shall surrender before the Investigating Officer on any day between 3.1.2007 and 6.1.2007 for the purpose of custodial interrogation and recovery of incriminating materials if any and he shall thereafter be produced before the Magistrate having jurisdiction on the same day, who shall consider the application for bail filed by the first petitioner, preferably on the same date on which it is filed. A direction is issued to the Investigating Officer to release the second petitioner on bail for a period of one month in the event of her arrest in connection with the above crime on her executing a bond for Rs.10,000/- with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: