IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Bail Appl..No. 4266 of 2010() ----------------------------- CRMP.5434/2010 of J.M.F.C.,KUNNAMKULAM .................... CRIME NO.806/10 OF KUNNAMKULAM POLICE STATION, THRISSUR PETITIONERS (S):/ACCUSED --------------------------------------- 1. MANIYAN @ JAYAPRAKASH,S/O.RAMAN NAIR, AGED 34 YEARS,IYYAPPATH HOUSE,CHOWALLUR,THRISSUR. 2. MOHANAN,S/O.PARANGODAN,AGED 58 YEARS, MACHAMANGALATH, CHOWAMNNUR,KUNNAMKULAM,THRISSUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT ---------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.806/2010 OF KUNNAMKULAM POLICE STATION, THRISSUR). PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4266 OF 2010 ----------------------------------- Dated this the 14th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 420 r/w 34 IPC. According to prosecution, defacto complainant purchased two bottles for an amount of Rs.2.5 lakhs from the petitioners, believing false representation made by them that the bottle will bring luck to the house. This happened in 2007. Thereafter, during the period of three years till 2010 defacto complainant gave a total amount of Rs.9.5 lakhs on different occasions to the petitioners for bringing more such bottles. Though the amounts were received by them, they cheated defacto complainant and they did not return the money nor did they bring bottles and thereby cheated petitioners. A complaint was given to police on 5.7.2010 and crime was registered. 3. Petitioners were arrested on 5.7.2010 and they are in custody for the past nine days. Learned counsel for the petitioner submitted that there is absolutely no record to show that any amount was paid by defacto complainant to the petitioners. It is B.A. No.4266/10 2 highly unlikely such huge amount will be paid by defacto complainant without keeping any document evidencing payment. The story put forward by defacto complainant is highly improbable and it is also pointed out that on the same day of lodging of the complaint petitioners were arrested. 4. On hearing both sides, and on going through the case diary, I am satisfied that bail can be granted to petitioners and hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioners shall report before the investigating officer on every Monday between 10 AM and 1 PM. 2) Petitioners shall not influence or intimidate the witnesses or tamper with evidence. This petition is allowed. K. HEMA, JUDGE. Sou.