IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 2000 of 2010() ----------------------------- CRMP.2394/2010 of J.M.F.C.,CHAVAKKAD CRIME NO.228/2010 OF CHAVAKKAD POLICE STATION. .................... PETITIONER/ACCUSED: ---------------------------------- GIREESH, S/O.KANNAN, AGED 36 YEARS, THUNDIYIL HOUSE, P.O.CHEKIADU, PARAKKADAVU. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/ACCUSED: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2000 of 2010 ------------------------------- Dated this the 5th day of April, 2010 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.228/2010 of Chavakkad Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that offering visa to go abroad, the accused persons collected a total sum of Rs.3,90,000/- from the de facto complainant and four others, but offered them only visiting visas. The crime was registered on the basis of a complaint filed by the de facto complainant before the Magistrate's Court. The complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. 4. The petitioner was arrested at Nadapuram on 23/3/2010. The learned Public Prosecutor submitted that while the petitioner was being brought from Nadapuram to Chavakkad, the friends of the petitioner came in a jeep, intercepted the police B.A. No.2000/2010 2 vehicle and tried to rescue the petitioner. Only with the help of local people, the police could avert the rescuing of the petitioner. The petitioner was remanded to judicial custody and he is continuing in detention. 5. Head the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chavakkad 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. B.A. No.2000/2010 3 C) The petitioner shall surrender his Passport before the court of the Judicial Magistrate of the First Class, Chavakkad within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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