IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Bail Appl..No. 2605 of 2009() ----------------------------------- CRIME NO.583/2009 OF ANGAMALY POLICE STATION .................... PETITIONER/4TH ACCUSED : ----------------------------------- K.A.CHERIYAN, S/O.AVIRA, AGED 70 YEARS, KOLATTUKUDY HOUSE, MANJAPRA P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENT : ----------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION). PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ====================================== B.A.No.2605 of 2009 ====================================== Dated this the 19th day of May 2009 ORDER The petitioner is the fourth accused in Crime No.583 of 2009 of Angamaly Police Station for the offence under Section 420 read with Section 34 IPC. Apprehending arrest, detention and torture at the hands of the respondent, the petitioner moved before the Sessions Judge, Ernakulam seeking an order under Section 438 of the Cr.P.C. By order dated 5.5.2009, the petition was disposed of with a direction to the petitioner to approach the regular court and seek regular bail. Now this petition. 2. Having heard either side, I find that the petitioner had got credited a sum of Rs.1,02,500/- to his account by the defacto complainant and that it will be appropriate to allow this petition on conditions. 3. In the result, this petition is allowed and it is ordered that the petitioner shall be released on bail on executing a bail bond for Rs.20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer in the event of arrest and on deposit of B.A.No.2605/2009 2 Rs.1,02,500/- (Rupees One lakh Two Thousand Five hundred only) before the Judicial First Class Magistrate, Aluva. In the event, it is found after trial that the petitioner deceived the defacto complainant and the defacto complainant is entitled to any compensation, it shall be paid out of the deposit. In case the petitioner is acquitted, the amount shall be released to the petitioner. P.S.GOPINATHAN, JUDGE css/