IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 8790 of 2011() ----------------------------- CRIME NO.1103/2011 OF KANNUR TOWN POLICE STATION PETITIONER(S): ACCUSED NO.2 -------------------------------- MUSTHAFA,S/O.ALI, AGED 47 YEARS, T.K HOUSE, ARIYIL P.O, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT -------------------------- STATE REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O KANNUR TOWN POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8790 of 2011 --------------------------- Dated this the 8th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1103 of 2011 of Kannur Town Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that on 19.8.2011, the accused persons received ` 29 lakhs from the de facto complainant promising to get gold at reduced rate from the ICICI Bank. The gold was not given to the de facto complainant. Money was also not returned. The petitioner was arrested on 1.10.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the BA 8790/11 2 learned Public Prosecutor. 5. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kannur, 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 and Thursdays for a period of two months and thereafter on Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall surrender his passport before the court of the Judicial Magistrate of the First Class, Kannur. If the petitioner does not have a passport, an affidavit sworn to by him to BA 8790/11 3 that effect shall be filed before the learned Magistrate; E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; G) 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