IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8277 of 2011() ----------------------------- Crime No.217 of 2011 of Muvattupuzha Police Station, Ernakulam District. PETITIONER ------------------------------ M.V.ALIAS, S/O.VARKEY,AGED 34 YEARS, MANIYELI HOUSE,THURUTHY P.O., KURUPPAMPADY,ERNAKULAM DISTRICT. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8277 OF 2011 --------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.217 of 2011 of Muvattupuzha Police Station, Ernakulam District. 2.The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code and Sections 3(1)(x), 3(2)(i)(ii)(v)(vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.. 3.The prosecution case is the following: The defacto complainant belongs to a Scheduled Caste. She is an Assistant Engineer in P.W.D. Roads Division. The accused promised to marry the defacto complainant and managed to get a sum of `4,50,000/- B.A.No. 8277 OF 2011 2 (Rupees Four lakhs fifty thousand only) from her on different occasions by cash, by cheque leafs and also using the ATM Card of the defacto complainant. The accused not only did not marry her but gave false news items in a news channel. The petitioner was arrested on 29.9.2011 and he was remanded to judicial custody. 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 `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Muvattupuzha, 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 two months and thereafter on Mondays, till the B.A.No. 8277 OF 2011 3 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. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms