IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6285 of 2009() ------------------------------------- CRMP.10366/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM CRIME NO.2283/2009 OF CENTRAL POLICE STATION, ERNAKULAM. .................... PETITIONER/ACCUSED: --------------------------------------- K.K.UNNIKRISHNAN, AGED 41 YEARS, S/O.KUNJIRAMAN, KRISHNANIVAS, KOTTAKUNNU, BATHERI, WAYANAD DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION ERNAKULAM DISTRICT. SRI.V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6285 of 2009 ------------------------------------ Dated this the 27th day of October, 2009 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.2283/2009 of Central Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The allegation is that the petitioner promised a job for the de facto complainant in Indian Railways and took a sum of Rs.2,00,000/- from him on 21/2/2009. The job was not arranged and the full amount was also not repaid. 4. The petitioner was arrested on 21/10/2009 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 B.A. No. 6285/2009 2 bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam 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 and Thursdays for a period of one month and thereafter on every Monday, 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 scm