IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Bail Appl..No. 7256 of 2011() ----------------------------- PETITIONER/ ACCUSED NO.2 -------------------------------- SEBASTIAN, S/O. MATHEW, AGED 42 YEARS, POTTANPLAKAL HOUSE, EDAKOME.P.O, CHAPPARAPADAVU VIA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S.H.O, CENTRAL POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7256 of 2011 ---------------------------------------- Dated this the 7th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 2656 of 2011 of Central Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Sections 406 and 420 read with Section 34 of Indian Penal Code. 3. The prosecution case is that the accused persons promised to supply gold to the defacto complainant at reduced rate and took Rs.75,000/- from him. The money was not returned and the articles were not supplied. 4. The petitioner was arrested on 18.8.2011 and he was remanded to judicial custody. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- (Rupees Twenty Five Thousand B.A.No.7256 of 2011 2 only) with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate Court, Ernakulam , 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, 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. 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. sd/- K.T.SANKARAN, JUDGE rkc //TRUE COPY// PA TO JUDGE