IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3441 of 2010(C) ----------------------------------------- (CRIME NO. 323/2010 OF VATANAPPILLY POLICE STATION, THRISSUR DISTRICT) ................ PETITIONERS/ACCUSED: ------------------------------------ 1. EDWIN, AGED 47 YEARS, S/O.AUGUSTINE, KUNNISSERY HOUSE, NEAR SENIOR GROUND, KUNNAMKULAM, THRISSUR DISTRICT. 2. P.V.RAVEENDRAN, AGED 58 YEARS, S/O.VELAYUDHAN, PANDIRIKKAL HOUSE, CHITTANJOOR POST, KUNNAMKULAM, THRISSUR DISTRICT. 3. SHAJI THALAKKAT, AGED 42 YEARS, S/O.VIJAYAN, THALAKKAT HOUSE, CHITTANJOOR POST, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.MADHU RADHAKRISHNAN. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I.OF POLICE, VATANAPPILLY POLICE STATION, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No.3441 of 2010 ----------------------------- Dated this the 22nd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners, by making false representation, made the de facto complainant to believe that he would get profit if he deposits certain amounts and believing those representations, de facto complainant paid Rs. 87,500/- to accused. But no profit was given and money was also not repaid and thereby petitioner committed cheating. 3. Learned counsel for petitioners submitted that petitioners are also subscribers to Internet money chain just as the de facto complainant and they are actually victims in the case and they have not committed any offence as alleged. Petitioners reported before the investigating officer as directed by this court and explained their innocence. B.A. No.3441 of 2010 2 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail, but stringent conditions may be imposed. It is also submitted that petitioners have reported before the investigating officer and they were interrogated. 5. On hearing both sides, I am satisfied that petitioners can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioners shall surrender before the Magistrate Court concerned within seven days from today. 2. On such surrender, they shall be released on bail on their executing bond for Rs. 25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i). Petitioners shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioners shall not influence or intimidate any witness or tamper with the evidence. B.A. No.3441 of 2010 3 iii). In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln