LATHA KOMALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein, the sole accused, seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.134 of 2016 of the Upputhara Police Station registered under Sections 406 and 420 of the Indian Penal Code.

(2.) The prosecution case is that the petitioner herein had arranged some job for the wife of the de facto complainant in Saudi Arabia through one agency called Galaxy Travels. It appears that the petitioner was only an agent. The job was provided by Galaxy Travels, and the complainant's wife even joined the employment in Saudi Arabia on 21.2.2016. But later she could not continue the job due to some health problems. Her grievance is that when she wanted to come back, the accused did not in any manner help her to come back. It is not known how this will constitute cheating under Section 420 I.P.C. The petitioner B.A No.3084 of 2016 is not the person who provided job, and there is no allegation that the petitioner had in any manner cheated the complainant without providing the job as offered, or by extracting more money dishonestly. If the complainant's wife could not continue the job there, or if she wanted to come back, she could have taken necessary steps there, or she could have even contacted the Galaxy Travels, who provided job abroad. Instead, she made a complaint against the petitioner herein. It is not known how this complaint alleging cheating can be sustained as against the petitioner herein. I find that custodial interrogation of the petitioner is not necessary at all, and even without such interrogation necessary materials on the given allegations can be collected by the police.

(3.) This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, she will definitely obstruct the proper and effective B.A No.3084 of 2016 investigation.