IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10452 of 2011() ------------------------------ CRMP.4520/2011 of J.M.F.C. - I, ETTUMANUR .................... PETITIONER/ACCUSED NO.1 :- -------------------------------------------- MATHEW RAJAN, AGED 38 YEARS, S/O.A.M.RAJAN, ANAMKOTTU HOUSE, NEDUMANMURI KARA, EZHAMKULAM VILLAGE, ADOOR TALUK BY ADV. SRI.E.G.GORDEN RESPONDENT(S) :- -------------------------- STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT, CRIME DETACHMENT,KOTTAYAM,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031 PUBLIC PROSECUTOR SRI.ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- B.A. No.10452 of 2011 ------------------------------- Dated this the 27th day of December 2011 O R D E R Petitioner is the first accused in Crime No.326/2010 of Gandhi Nagar Police Station, Kottayam District. It is alleged that he introduced A2 to the de facto complainant as the son of Ex-minister Sri.K.P.Rajendran. It is alleged that the de facto complainant was induced to believe that they will secure a job for the de facto complainant. By making such an inducement, the accused received a huge amount from the complainant. It is also alleged that by making such a promise, the accused had also collected photographs and identity cards of the de facto complainant and fraudulently obtained her certificates also. 2. Learned counsel for the petitioner submits that it was the 2nd accused who actually cheated the complainant. But this contention cannot be accepted since the allegation B.A. No.10452 of 2011 -: 2 :- is that it was he who introduced A2 to the de facto complainant. After the registration of the crime, money due to the complainant was returned and so, she had given a statement to that effect, the learned counsel submits. In paragraph 3 of the order passed by the learned Magistrate, a reference was made about the alleged settlement. It is seen that as against the 2nd accused serious allegations are seen made but so far he is not arrested by the police. It seems A2 is highly influential and that is the reason why he has not been so far apprehended. 3. Learned counsel for the petitioner submits that petitioner has been in custody from 3.12.2011 onwards, and so considering all those aspects, he may be granted bail. The learned counsel submits that the petitioner will co- operate with the investigation. 4. Considering all the aspects, the petitioner is granted bail with effect from 31.12.2011 on the following conditions: B.A. No.10452 of 2011 -: 3 :- (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount to the satisfaction of the Court below. The sureties shall produce their original title deeds in respect of their properties shown in the tax receipts. If the sureties substitute the same with attested photocopies, the original shall be returned to them. (b) The petitioner will appear before the Investigating Officer on all Tuesdays and Fridays between 10 AM and 11 AM until further orders. (c) The petitioner shall not enter the limits of Adoor Taluk for compliance of condition (b) just mentioned above. (d) The petitioner/accused shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. The Investigating Officer can ascertain the correctness of the affidavit, if it is sworn by the petitioner/accused that he has no passport. B.A. No.10452 of 2011 -: 4 :- (e) The petitioner shall not influence the witness or interfere with the investigation nor shall the witness be intimidated or terrorized. (f) The petitioner shall appear before the Investigating Officer for interrogation as and when directed. (g) The petitioner shall not get himself involved in commission of any offence while he is on bail. (h) Breach or failure of any of these conditions will entail in automatic cancellation of the bail whereupon the learned Magistrate can issue warrant for production of the accused before the Court. N.K.BALAKRISHNAN, JUDGE. Jvt