IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4661 of 2009() ----------------------------- CMP.2053/2009 of DISTRICT COURT, PALAKKAD CRIME NO.300/2009 OF TOWN SOUTH POLICE STATION, PALAKKAD. .................... PETITIONER/ACCUSED: -------------------------------------- ADAM RAHMAN, S/O.ABDUL RAHMAN, AGED 35 YEARS, PLAMOOTTIL HOUSE, NANJAPPA NAGAR, AISWARYA COLONY, OLAVAKKODE, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS/ STATE AND COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, TOWN SOUTH POLICE STATION, PALAKKAD. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, ALONG WITH BA NO. 4664 OF 2009 AND CONNECTD CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4658, 4659, 4660, 4661, 4663, 4664 & 4670 of 2009 ------------------------------------ Dated this the 20th day of August, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. In all these cases, the petitioner is the second accused in Crime Nos.300/2009, 296/2009, 271/2009, 281/2009, 301/2009, 285/2009 & 297/2009 of Town South Police Station, Palakkad. 2. The offences alleged against the petitioner and others are under Sections 415 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons, two in number, received various amounts ranging from Rs.48,000/- to Rs.6,00,000/- from the respective defacto complainants promising to arrange visa in various foreign countries. Visa were not arranged and the amounts were not paid back. The petitioner was arrested on 6/06/2009 and in three cases, his formal arrest was recorded on 18/06/2009. The petitioner is in judicial custody. B.A. No.4661/2009 and connected cases Page numbers 4. In these cases, the accused persons were allegedly involved in large scale cheating of unemployed youth of the locality giving them false promise that visa will be arranged for them to go abroad. The hopes of the defacto complainants were turned futile on account of the activities of the accused persons. They have amassed wealth to the detriment of the defacto complainants, submits the learned Public Prosecutor. It is true that the petitioner is in judicial custody for more than two months. That by itself is not a reason for granting bail. In cases of this nature, I do not think it inappropriate to direct the accused to deposit a portion of the amount allegedly taken by him from the defacto complainants. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties B.A. No.4661/2009 and connected cases Page numbers each for the like amount to the satisfaction of the Chief Judicial Magistrate, Palakkad subject to the following conditions:- A) The petitioners shall deposit before the court of Chief Judicial Magistrate 1/3rd of the amount allegedly taken from the defacto complainant. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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 scm