IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2635 of 2009 CRIME NO.256/2009 OF KOTTAYAM EAST POLICE STATION CRMP.918/2009 OF ADDL.DISTRICT COURT,KOTTAYAM PETITIONER/4TH ACCUSED ------------------------------------------ JOHNCY JOSEPH, W/O.GEORGE P.JOSEPH, PANNIKOTTU VEEDU, KACHUVELIKUNNU BHAGOM, MUTTAMBALAM KARA, KOTTAYAM. BY ADV. SRI.T.RAMPRASAD UNNI RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SRI.C.R.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2635 OF 2009 ------------------------------------------------------ Dated this the 21st May, 2009 O R D E R This is an application for bail filed by the petitioner under Section 439 of the Code of Criminal Procedure. The petitioner is the fourth accused in Crime No.256 of 2009, Kottayam East Police Station. The offence alleged against the petitioner and the other accused are under Sections 406, 420 and 34 of the Indian Penal Code read with Section 24 (1)(a) and (b) of the Immigration Act. The allegation of the prosecution is that the accused persons collected huge amounts from several persons offering job abroad. The other accused in the case are the husband of the petitioner, the daughter and son in law of the petitioner and the Manager of the establishment. The petitioner was arrested on 25.4.2009 and she is continuing in judicial custody. 2. Learned counsel appearing for the petitioner submitted that the husband of the petitioner, Geroge P.Joseph, was granted anticipatory bail by this Court, as per the order dated 15.5.2009 in B.A.No.2559 of 2009, and the Manager of the establishment, namely, Mathew alias Biju, was granted regular bail by the learned Sessions Judge as per the order dated B.A. NO.2635 OF 2009 :: 2 :: 16.5.2009 in Crl.M.P.No.939 of 2009. The petitioner is a lady. She is a Deputy Tahsildar. 3. In the facts and circumstances of the case, I do not think that it is necessary to detain the petitioner further. Though the investigation of the case is not over, I do not think that there are circumstances which would indicate that the petitioner would try to influence the witnesses or otherwise interfere with the smooth investigation of the case. There is no case for the prosecution that the petitioner would make herself scarce. I am inclined to grant bail to the petitioner on the following conditions: i) The petitioner shall be released on bail on her executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kottayam. ii) The petitioner shall appear before the investigating officer on every Monday between 10 AM and 12 noon until final report is filed or until further orders. iii) The petitioner shall not interfere with the investigation or try to influence the witnesses. B.A. NO.2635 OF 2009 :: 3 :: iv) The petitioner shall not involve in any prejudicial activity or offence while on bail. v) If the conditions for granting bail are violated, the bail granted to the petitioner shall be liable to be cancelled. (K.T.SANKARAN) Judge ahz/