IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9779 of 2011() ----------------------------- CMP.3417(A)/2011 of ADDL.C.J.M.(E&O),ERNAKULAM CRIME NO.1508/2011 OF ERNAKULAM TOWN NORTH POLICE STATION .................... PETITIONER : ACCUSED : ------------------------------ PARAMESWARAN,AGED 59 YEARS, S/O.ACHUTHAN NAIR,SREELAKSHMI HOUSE, PUTHOORPALLIKKAL KARA, THENJIPALAM,MALAPPURAM BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (S.H.O.ERNAKULAM (E.T),NORTH POLICE STATION) PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9779 of 2011 ---------------------------------------------- Dated this the 28th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1508 of 2011 of Ernakulam Town North Police Station. 2. The offences alleged against the accused are under Sections 403, 406, 420 and 421 of the Indian Penal Code. 3. The prosecution case is that, the de facto complainant, who was working in Kolenchery Medical Mission Hospital, was promised a job in Kuwait by the accused and they collected a sum of Rupees Three lakhs from her. However, no job was provided, no visa was arranged and the money was not returned. Though a cheque was given to the de facto complainant, it was dishonoured. 4. The petitioner was arrested on 09/11/2011. It is submitted that the police custody was also given and the petitioner was interrogated. The learned Public Prosecutor submitted that the investigation is not over. Bail Appln.No.9779/2011 : 2 : 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 09/12/2011. 6. The petitioner shall be released on bail with effect from 09/12/2011 on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, 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, 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 not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.9779/2011 : 3 : D) The petitioner 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 skj