IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 378 of 2009() ---------------------------- CRIME NO.577/08 OF MEDICAL COLLEGE POLICE STATION NOW REREGISTERED AS CBCID CRIME NO.202/CR/TVM/2008 PETITIONER -------------------- BINDHU MAHESH AGED 33, D/O.SHEEBA, T.C.10/797, PNRA -A 52, PUNNATHOTTAM VEEDU, MANNANTHALA, THIRUVANANTHAPURAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY THE D.I. OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM (CBCID CRIME NO.169/CR/TVM/08) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 378 of 2009 ----------------------------------------- Dated this the 27th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 406, 409 and 420 read with 34 of the Indian Penal Code. According to prosecution, petitioner is third accused, who along with first accused and in furtherance of common intention with other accused, induced several persons to deposit huge amount in the establishment run by first accused with fraudulent intentions and the amounts were not returned and the interest was also not given and thereby they cheated de facto complainant and others. 3. Petitioner's arrest was recorded on 4.11.2008. Learned Public Prosecutor submitted that charge sheet has not been filed and hence, petitioner is entitled for bail by default, but suitable conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner. BA.378/09 2 Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer as and when required. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with the prior permission of the learned Magistrate. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.