IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7705 of 2011 CRIME NO.978 OF 2011 OF KORATTY POLICE STATION PETITIONER: ACCUSED NO.2: -------------------- NAVAS, S/O.BHAVA, MARAKKAPARAMBIL HOUSE, MAMBRA DESOM, KALLOORTHEKKUMMURI VILLAGE. BY ADV. SRI.K.A.SHAMSUDEEN RESPONDENTS: COMPLAINANT & STATE: --------------- 1. THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION - 680 308. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7705 OF 2011 ------------------------------------------------------ Dated this the 26th day of September, 2011 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.978 of 2011 of Koratty Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons represented to the de facto complainant and several others that there are job opportunities at Muscat and collected from them `2,250/- each for medical check up at Tirur. Thereafter, nothing was heard from the accused. The allegation is that the accused persons cheated the de facto complainant and others. The petitioner was arrested on 31.8.2011 and he was remanded to judicial custody. BAIL APPL. NO. 7705 OF 2011 :: 2 :: 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. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakkudy, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Chalakkudy. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) 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; c) The petitioner shall appear before the investigating officer for interrogation as and when required; 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; BAIL APPL. NO. 7705 OF 2011 :: 3 :: 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/