IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 5435 of 2011() ----------------------------------------- (CRIME NO.582/2011 OF ADIMALI POLICE STATION,IDUKKI DISTRICT) ...... PETITIONER/ACCUSED: -------------------------------------- BENNY THOMAS, S/O.THOMAS, AGED 35 YEARS, KUNNUMPURATH HOUSE, RAJAPURAM.P.O., THEKKIN THAND, IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE: -------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.582/2011 OF ADIMALI POLICE STATION, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SMT. S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 5435 OF 2011 -------------------------- Dated this the 7th day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.582/2011 of Adimali Police Station for offence punishable under Section 420 IPC. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent. 2. The learned counsel for the petitioner submitted that the alleged deception pertains to Rs.1,57,500/- and that the petitioner is prepared to furnish bank guarantee for that amount. In the result, this petition is allowed with direction to the petitioner to furnish bank guarantee for Rs.1,57,500/- for 2 years before the Judicial Magistrate of First Class, Adimali and surrender before the Investigating Officer. The Investigating Officer, after interrogation, and on satisfying the furnishing of B.A. NO. 5435 OF 2011 2 bank guarantee as above shall release the petitioner on bail on executing a bond for Rs.20.000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioner shall report before the investigating Officer for interrogation as and when required. 2. In the event, the case is not disposed of within 2 years, before the expiry, the Chief Judicial Magistrate shall encash the bank guarantee and deposit the amount in a separate head, which shall be disbursed under the orders of the Taluk Legal Services Committee or District Legal Services Authority in the event the matter is settled between the defacto complainant and the petitioner. In the event the matter is not settled, the amount is liable to be disbursed under the orders of the Civil Court or this Court or in the final dispose of the case. The Investigating Officer shall furnish a copy of this order to the defacto complainant. P.S.GOPINATHAN, JUDGE amk