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MOHAMMED, S/O.MOIDU HAJI v. STATE OF KERALA, REP. BY PUBLIC - Bail Appl No. 210 of 2007  RD-KL 1183 (16 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 210 of 2007()
1. MOHAMMED, S/O.MOIDU HAJI,
1. STATE OF KERALA, REP. BY PUBLIC
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B. A. No.210 of 2007
DATED: JANUARY 16, 2007
O R D E RIn this petition filed under sec.438 Cr.P.C., the petitioner who is the 2nd accused in Crime No.207/2006 of Mankara Police Station for an offence punishable under Sec.420 read with sec.34 I.P.C., seeks anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that accused Nos.1 and 2 who are brothers and the 3rd accused who is the son of the 1st accused are together conducting a travel agency at Ottappalam by name "Silk Route". They had promised overseas employment to the de facto complainant and had induced him to part with a total amount of Rs.90,000/- in two instalments. The de facto complainant was given a visa on the strength of which even though he went abroad, the immigration authorities found out that it was a forged visa.
4. It is too early to accept the petitioner's Bail A.No.210/2007 -:2:- contention that he has been falsely implicated in this case. At any rate, anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the concerned magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation this application is dismissed.
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