IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2739 of 2009() ----------------------------------- CMP.2562/2009 of J.M.F.C.,PALA CRIME NO.235/09 OF PALA POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1 AND 3 : ------------------------------------------------- 1. SALIM THAYIL, AGED 54, S/O. GEORGE THAYIL, KUMAR COTTAGE, U.K.S.ROAD, KOZHIKODE. 2. THAMBI JACOB, AGED 50, S/O. K.C.CHACKO, PEEDIYEKKAL HOUSE, KUMARAMANGALAM P.O., KOZHIKODE - 673 571. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS/STATE AND COMPLAINANT : ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ENRAKULAM. 2. SUB INSPECTOR OF POLICE, PALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2739 of 2009 ------------------------------------ Dated this the 22nd day of May, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1and 3 in Crime No. 235/2009 of Pala Police Station. 2. The offences alleged against the petitioners are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioners and other accused are running an institution by name “Dream Touch Info Solutions” at Pala and the defacto complainant was made to believe that he would be made the franchisee of the institution on payment of Rs. one lakh. The amount was paid by the defacto complainant, who subsequently realised that he was cheated. The petitioners were arrested on 22/04/2009 and they are in Judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 2739 /2009 2 petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty Thousand Only) each 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:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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