IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8608 of 2011() ----------------------------- CRIME NO. 389/2011 OF VIDYANAGAR POLICE STATION, KASARGOD CRMP.2953/2011 OF DISTRICT COURT, KASARAGOD .................... PETITIONER/ACCUSED ----------------------------------- VINAYA RAJESH ALVA,AGED 31 YEARS, W/O.RAJESH ALVA,KRISHNA KAMALA, ARTHIPPALLA, NEKRAJE VILLAGE AND POST, KASARGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE ------------------------------ STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Scl. P.S.GOPINATHAN, J ---------------------------------- B.A.No.8608 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is said to be the 22nd accused in Crime No.389/2011 of Vidyanagar Police Station at Kasargod District for offences punishable under Section 420 of the I.P.C and Sections 4, 5 and 6 of the Prize Chits Money Circulation (Banning Act) 1978. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. 2. Having heard either side, it appears that petitioner is one of the links of a money chain racket and that the specific allegation against the petitioner is inducing the defacto complainant to part with a sum of Rs.45,000/-. Case requires detailed investigation. Having take note that petitioner is a lady aged 31 years with two small kids, I find it would be just and appropriate to release the petitioner on bail on the following conditions: B.A.No.8608 of 2011 2 1) The petitioner shall deposit a sum of Rs.45,000/- before the Chief Judicial Magistrate's Court, Kasargode and surrender before the Investigating Officer. 2) The Investigating Officer after interrogation and after satisfying the deposit as above shall release the petitioner on bail on executing a bond for Rs.30,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer. 3) The petitioner shall report before the Investigating Officer for interrogation as and when called for. 4) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer. 5) Petitioner shall not leave Kasargode District without the previous permission. 6) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce her before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su