IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 Bail Appl..No. 8796 of 2010() ----------------------------- CRMP.3123/2010 of DISTRICT COURT, KASARAGOD CMP.6069/2010 of J.M.F.C.-I,HOSDRUG CRIME NO.792/2010 OF CHANDERA POLICE STATION PETITIONERS/ACCUSED NOS.3 TO 5 -------------------------------------------------------------- 1. K.B.PRAKASH, AGED 37 YEARS, S/O.BHASKARAN, RESIDING AT MAVOLIL HOUSE, THRIKKODITHANAM, CHANGANASSERY TALUK, KOTTAYAM DISTRICT. 2. HARIDAS P.T., AGED 39 YEARS, S/O.THAMBI ACHARI, RESIDING AT PUTHUMANA KIZHAKKETHIL HOUSE, KAVUMBHAGAM, THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. PRADEEP.U., AGED 45 YEARS, S/O.UNNIKRISHNAN NAIR, RESIDING AT MADAPARAMURIYIL HOUSE KATTUKARA, THIRUVALLA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT. (REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.8796 of 2010 - - - - - - - - - - - - - - - - DATE: 05.01.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos.3 to 5 in Crime No.792/2010 of Chandera Police Station for offences punishable under Section 420 IPC and Section 4 of the Kerala Price Chits and Money Circulation Schemes (Banning) Act, 1978, seek their enlargement on bail. The petitioners were arrested on 15.11.2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application contending, inter alia, that the amounts collected from the victims were shared by the petitioners. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail w.e.f 17.01.2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two B.A. No. 8796/2010 2 solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3. Petitioners shall surrender their passports before the execution of the bail bond. In case any of the petitioners does not hold any passport, he shall file an affidavit before the Magistrate to that effect before executing the bail bond. 4. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. Petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 5th day of January, 2011. V.RAMKUMAR, JUDGE. sj