IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5148 of 2011 CRMP.1978/2011 OF DISTRICT COURT, KOTTAYAM CRMP.2179/2011 OF J.M.F.C.I, CHANGANASSERY CRIME NO.195 OF 2011 OF RAMAPURAM POLICE STATION. (ORIGINALLY CRIME NO.898/2011 OF CHANGANASSERY POLICE STATION) PETITIONER/PETITIONER/ACCUSED (IN CUSTODY) -------------------------------------------------------------- JIYO MATHEW, AGED 33 YEARS, S/O.MATHEW JOSEPH, THEKKEN ARYADU VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENTS: RESPONDENTS/COMPLAINANT ------------------------------------- 1. STATE OF KERALA, (SUB INSPECTOR OF POLICE, RAMAPURAM POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CHANGANASSERY POLICE STATION, CHANGANASSERY, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5148 OF 2011 E ------------------------------------------------------ Dated this the 6th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.195 of 2011 of Ramapuram Police Station, which was originally registered as Crime No.898 of 2011 of Changanassery Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant is a student studying in Australia. He is also engaged in business. He wanted `1.5 crores for his business purpose. The accused made him believe that he would arrange a loan from the bank mortgaging his property and provide a loan of `1.5 crores to the de facto complainant. The accused told the de facto complainant that there is a liability of `47 lakhs charged on the property belonging B.A. NO. 5148 OF 2011 :: 2 :: to him and a loan could be taken only if the liability of `47 lakhs was discharged. Accordingly, the de facto complainant gave `47 lakhs to the accused. The accused issued a cheque for `1.5 crores to the de facto complainant, drawn in the account of a company of which the accused is the Managing Director. The cheque was returned on its presentation on the ground that the account was closed. Only then the de facto complainant realised that he was cheated by the accused. 4. The petitioner was arrested on 7.6.2011 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Two lakhs with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pala, subject to the following conditions: B.A. NO. 5148 OF 2011 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Wednesdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/