IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6956 of 2009() ----------------------------- CRIME NO.1229/2009 OF THOPPUMPADY POLICE STATION, ERNAKULAM PETITIONER (S): ACCUSED NO.1 -------------------- ASHIQUE, AGED 40 YEARS, S/O. ABDULKAREEM, CHERUKUNNI PARAMBU HOUSE, NEAR KAVUMPARAMBU TEMPLE, KETTEZHATHU ROAD, KETTEZHATHY KARA, MARADU, ERNAKULAM. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY S.I OF POLICE, THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6956 of 2009 --------------------------------------------- Dated this the 30th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.1229 of 2009 of Thoppumpady Police Station. 2. The offences alleged against the accused persons are under Sections 420 and 406 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The accused persons agreed for sale of scrap iron to the de facto complainant for a sum of Rs.60,000/-. Towards advance, a sum of Rs.30,000/- was received. The de facto complainant was shown the scrap iron being loaded in a truck. He was made to believe that the truck load of scrap was intended to be unloaded at the business premises of the de facto complainant. In fact, the place from where the scrap iron was unloaded was a Government property. The scrap was not supplied and the money was not re-paid. The case of the de facto complainant is BA No.6956/2009 2 that he was cheated by the accused persons. The petitioner was arrested on 17.10.2009 and he was remanded to judicial custody. 4. The learned Magistrate and the learned Sessions Judge dismissed the Bail Applications submitted by the petitioner and the other accused as per the orders dated 21.10.2009 and 27.10.2009 respectively. The investigation has progressed thereafter. 5. Accused No.2 was granted bail as per the order dated 10th November, 2009 in Bail Application No.6483 of 2009. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kochi, 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; BA No.6956/2009 3 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. K.T.SANKARAN, JUDGE csl