IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Bail Appl..No. 4511 of 2008() ----------------------------- CRL.MC.652/2008 IN CRIME NO.36/2008 OF BEYPORE POLICE STATION .................... PETITIONER/ACCUSED NO.2:- ------------------------------------------ MURALI, S/O RAVI, AGED 26 YEARS, MURALI NIVAS, SIVAPURI ROAD, NORTH BEYPORE POST, KOZHIKODE. BY ADV. SRI.S.RAJEEV RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 36 OF 2008 OF BEYPORE POLICE STATION,) BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4511 of 2008 --------------------------------------- Dated this the 15th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 420 and 406 IPC. Petitioner is the second accused in the crime. According to the prosecution, the petitioner along with his mother had received Rs.28 lakhs from the defacto complainant and various others, promising that they will be given interest for the amount etc. But not only that the interest was paid but even the money was not returned. Hence, a complaint was filed by the defacto complainant alleging cheating etc. based on which a crime was registered. 3. The petitioner is in custody from 27.6.2008 onwards. Learned counsel for the petitioner submitted that the petitioner's mother had filed a petition before the Human Rights Commission in November 2007 alleging physical torture on the part of the police. A lawyer notice was also caused to be sent on 20.11.2007 on behalf of the petitioner's mother to the defacto complainant BA No.4511/2008 2 and others demanding return of the money which they owed to her. According to learned counsel for petitioner, the present case is only an out shoot of the above circumstances. The police is supporting the defacto complainant and they are also offended because of the petition lodged before the Human Rights Commission on the allegation that the petitioner was brutally manhandled by the police. 4. This petition is opposed stating that Rs.28 lakhs is involved. Learned counsel for the petitioner submitted that there is absolutely no document to establish any receipt of money by the petitioner or his mother. This is an absolutely false case foisted against the petitioner, it is submitted. 5. On hearing both sides, I find that the petitioner's further detention may not be required for the purpose of investigation. The crime was registered as early as on 28.2.2008 and five months have already elapsed. Hence, petitioner is granted bail on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with BA No.4511/2008 3 two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not intimidate or threaten any witness or tamper with evidence and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl