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. 2736 of 2009() ----------------------------------- CMP.2305/2009 of C.J.M.,THODUPUZHA CRIME NO.557/09 OF THODUPUZHA POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 AND 2 : ------------------------------------------------ 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.PO, KOZHIKODE-673571. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS/STATE/COMPLAINANT : ---------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,THODUPUZHA. PUBLIC PROSECUTOR SRI.M.S.BREEZE 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. 2736 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 2 in Crime No. 557/2009 of Thodupuzha 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 “Right Theam Institution” and on the assurance that if training is undertaken in the “Right Theam Institution”, the defacto complainant would be given employment. The further allegation is that money was received from the defacto complainant. It is also alleged that promising share in “Kings Department Store” money was taken from the defacto complainant. Salary was also offered to the defacto complainant. The allegation is that the defacto complainant was cheated by the petitioners and others. The petitioners were arrested on 22/04/2009 in connection with another case and they B.A. No. 2736/2009 2 were remanded to judicial custody . Their arrest was recorded in the present case on 25/04/2009.They are in custody even now. 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 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 Chief Judicial Magistrate, Thodupuzha subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 2 P.M. and 5 P.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 B.A. No. 2736/2009 3 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