IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1257 of 2010 CRIME NO.26 OF 2010 OF KADAKKAL POLICE STATION, KOLLAM PETITIONER : ACCUSED: ------------------------------ SHAJAHAN,AGED 45 YEARS, S/O.ABDUL SAMAD,THADATHARIKATHU VEEDU PULLIPACHA,PANGALUKADU MURI,KUNNIL VILLAGE. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT: STATE: --------------- S.I.OF POLICE, KADAKKAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1257 OF 2010 ------------------------------------------------------ Dated this the 8th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.26 of 2010 of Kadakkal Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that on 14.3.2006, the accused collected a sum of Rs.1,25,000/- from the de facto complainant and took him to Riyad promising a job as driver. After taking the de facto complainant to Riyad, he was illegally confined in a room for 28 days. Thereafter, he was compelled to do work in a farm for about six months. Salary was not paid to him. The de facto complainant was put in jail in Riyad for about six months. Thereafter, he was deported to India. The de facto complainant had to undergo imprisonment for six months and he did not get any salary for the work he had done for six months. The allegation is that the petitioner cheated the de facto complainant. The petitioner was B.A. NO. 1257 OF 2010 :: 2 :: arrested on 3.2.2010 and he was remanded to judicial custody. The application for bail filed by the petitioner was dismissed by the learned Magistrate on 16.2.2010 and by the learned Sessions Judge on 19.2.2010. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II,Kottarakara, 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 all 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. 1257 OF 2010 :: 3 :: C) The petitioner shall surrender before the Judicial Magistrate of the First Class II, Kottaraka the current passport of the petitioner issued on 1.11.2009 and which is valid up to 31.10.2019, within one week from today. 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 ahz/