IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 855 of 2010() ---------------------------- CRIME NO.282/2008 OF KANNUR TOWN POLICE STATION .................... PETITIONER/1ST ACCUSED ------------------------------------------ RASOOL P.C., AGED 33 YEARS, S/O.HAMZA, P.C.HOUSE, MAILADATHADAM, AZHIKODE, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.855 of 2010 --------------------------------------------- Dated this the 16th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.282 of 2008 of Kannur Town Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the accused persons received a sum of Rs.1,24,500/- from the de facto complainant promising him a visa for going abroad and thus cheated him. The petitioner was arrested in connection with Crime No.61 of 2009 of Valapattanam Police Station and his formal arrest was recorded in the present case on 15.1.2010. The petitioner was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that visa was issued in 2007 itself to the de facto complainant and the de facto complainant had gone abroad. 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 BA No.855/2010 2 petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 surrender his passport before the Judicial Magistrate of the First Class-I, Kannur within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week ; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl