IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4997 of 2009 CRIME NO.290 OF 2006 OF THAMPANOOR POLICE STATION (CRIME NO.117/CR/07 OF CBCID, ERNAKULAM. PETITIONER/2ND ACCUSED ------------------------------------------ SANTHOSH KUMAR, AGED 26 YEARS,S/O.SIVASANKARA PILLAI, POOVANATHUMVILA VEEDU,ANDOOR MURI, VALAKOM VILLAGE,KOTTARAKKARA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE DETECTIVE INSPECTOR,CBCID,ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4997 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 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 second accused in Crime No.290 of 2006 of Thampanoor Police Station (Crime No.117/CR/07 of CBCID, Ernakulam). There are seven accused persons in the case. 2. The offences alleged against the accused persons are under Sections 419, 420, 465 and 468 of the Indian Penal Code. 3. The prosecution case is that huge amounts were collected from several persons making them believe that they would be offered job in Indian Railways. The petitioner herein pretended that he was a member of the Railway Recruitment Board. A sum of Rs.5 lakhs was collected from the de facto complainant. From three other persons also amounts at the rate of Rs.3.5 lakhs were collected. The petitioner was arrested on 10.7.2009 and he was remanded to B.A. NO. 4997 OF 2009 :: 2 :: judicial custody. It is submitted that there are about eighteen other cases of similar nature pending against the petitioner and in some of the cases bail was granted. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – III, Thiruvananthapuram, 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, 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; B.A. NO. 4997 OF 2009 :: 3 :: 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. The petitioner shall be released from jail only if his detention is not required in connection with any other case. (K.T.SANKARAN) Judge ahz/