IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1841 of 2008() ----------------------------- CRIME NO.115/08 OF IRITTY POLICE STATION .................... PETITIONER : ----------------- KUNHAN @ MOHAMMED,S/O.ALI,AGED 60, ELAYODATH CHAKKUMTHODI HOUSE,MULLAMPARA, MANJERI P.O,MALAPPURAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: ------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1841 OF 2008 ------------------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for regular bail. The petitioner is the 1st accused. Altogether, there are 2 accused persons. The 2nd accused has already been enlarged on bail, it is submitted. The crux of the allegations is that the petitioner, along with the co-accused, induced the de facto complainant to believe that he will be in a position to hand over gold to the de facto complainant for less than the market value. He induced the victim to part with an amount of Rs.5,000/-. The gold was not furnished as agreed. The petitioner refused to get the purity of the gold tested to the satisfaction of the de facto complainant. The de facto complainant informed the police. The police arrested the petitioner. The police allegedly have seized the spurious gold which was attempted to be passed on as genuine gold. The petitioner continues in custody from 3/3/08. The B.A. No. 1841 OF 2008 -: 2 :- petitioner has history of similar criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards are insisted to ensure that the petitioner does not indulge in similar crimes hereafter and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon until further orders. (R. BASANT, JUDGE) Nan/