IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5015 of 2008() ----------------------------- CRMP.6702/2008 of J.M.F.C.-I, PUNALUR CRIME NO.203 OF 2008 OF KULATHUPUZHA POLICE STATION PETITIONER/ACCUSED ----------------------------------- RADHAKRISHNAN PILLAI @ UNNI, S/O.RAGHAVAN PILLAI, AGED 43 YEARS, SIVASADANAM VEEDU, PADINJATTINKARA MURI, KOTTARAKKARA VILLAGE (RAMASADANAM VEEDU, VELIYAM WEST). BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.203 OF 2008 OF KULATHUPUZHA POLICE STATION). BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5015 of 2008 ----------------------------------------- Dated this the 14th August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 420 of the Indian Penal Code. According to prosecution, the petitioner was conducting a chitty business and persuaded by his misrepresentation and false promise that the de facto complainant would be appointed as a Branch Manager, she collected huge amount from various customers to the tune of more than Rs.12 lakhs on behalf of the petitioner. But, the petitioner neither returned the amount nor gave appointment and thereby cheated the de facto complainant and the customers. 3. Learned counsel for petitioner submitted that the petitioner's business run on a loss and he could not make payment, but the petitioner has not intentionally committed any offence, as alleged. The allegations were raised against him only because of his financial incapacity. 4. Learned Public Prosecutor opposed this bail application and submitted that huge amount of money was collected from various customers but petitioner did not return the money to various persons. Another crime is also registered against the BA.5015/08 2 petitioner, on more or less similar allegations that the petitioner collected money from another person. The petitioner was arrested only on 21.7.2008 and if he is released on bail, he will tamper with evidence, influence or threaten witnesses and hence, bail may not be granted, it is submitted. 5. Learned counsel for petitioner submitted that petitioner is prepared to abide by any conditions imposed by this Court. He is on bail in the other case. He is also taking steps to pay off the amount and he is also prepared to deposit Rs.25,000/-, as a condition for procuring bail, which amount can be released at the appropriate stage to any one of the claimants. 6. On hearing both sides, I find that bail can be granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii) Petitioner shall not leave the limits of the police station within which this crime is registered, except with the prior permission of the learned Magistrate. BA.5015/08 3 iv) Petitioner shall produce a Fixed Deposit receipt covering an amount of Rs.25,000/- in his own name, with an undertaking that the amount with interest can be disbursed to any one of the claimants, who is legally entitled to receive amount from the petitioner in connection with this crime. v) Petitioner shall produce his passport, if any, before the Magistrate Court concerned. vi) The undertaking and Fixed Deposit receipt shall be surrendered before the Magistrate Court concerned, within seven days of his release. Petition is allowed. K.HEMA, JUDGE vgs.