IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Bail Appl..No. 3806 of 2010() ----------------------------- CRIME NO.353/10 OF PARASSALA POLICE STATION. .................... (S): PETITIONER/ACCUSED 1,2,4 & 5 ------------------------------------------------ 1. SURESH MITHRAN,AGED 59 YEARS, S/O.MADHAVAN NAIR,KISHKINTHA,NEAR NEYYATTINKARA. R.C.CHURCH,KADAVATTARAM DESOM,NEYYATTINKARA VILLAGE,FROM GIRIJA MANDIRAM,KODANGAVILA.(*DELETED) 2. SUSEELA,AGED 51 YEARS,D/O.SARASAMMA, CHEENIVILA VEEDU,INKAMON DESOM, PARASSALA VILLAGE.(*DELETED) 3. MINIKUMARI,AGED 35 YEARS,D/O.SANTHAMMA, AZHAVILAKATHU,MARYAPURAM,ARAYOOR DESOM, CHENKAL VILLAGE. 4. SIVAKUMAR,AGED 30 YEARS, S/O.RAGHAVAN NAIR,RESIDING AT AMARAVILA FROM R.S.BHAVAN,THOPPUVILA,KUNNATHUKAL VILLAGE. (*PETITIONERS 1 AND 2 ARE DELETED AS PER ORDER IN CRL.M.A.NO.3751/2010 DATED 29.6.2010) BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE,PARASSALA POLICE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3806 of 2010 ---------------------------------------------- Dated 29th June, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 420 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners (accused nos.4 and 5) along with other accused formed a society and collected various amounts from several persons, who joined as members of the society. There was a promise to provide house hold articles to the members, since huge amount was collected, but such articles were not given. 3. Petitioners were taken into custody in connection with another case and their formal arrest in this case was recorded on 13.5.2010. They are in custody for the past 49 days. Accused nos.1 and 2, who are similarly placed were granted bail by this Court, taking into consideration the stage of investigation. This petition is not opposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following BA NO. 3806/10 2 order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday, between 10 a.m. and 1 p.m. (ii) Petitioners shall not leave the limits of the police station, within which the crime is registered, except with prior permission of the learned Magistrate. (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. (iv) In case petitioners are involved in any similar offence, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs