IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7842 of 2009() ----------------------------------------- CRIME NO.1397/2009 OF ERNAKULAM TOWN SOUTH POLICE STATION. .................... PETITIONER/ACCUSED -------------------------------------- MANOHAR, AGED 42, S/O GOPALAN, VELIYAMKULAM DESOM, KARUVANNUR P.O., OORAKAM, THRISSUR. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND RESPONDENT/COMPLAINANT: --------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010 ALONG WITH B.A. NO.7866/2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 7842 & 7866 of 2009 ------------------------------------ Dated this the 4th day of January, 2010 O R D E R B.A. No.7842/2009 relates to Crime No.1397/2009 of Ernakulam Town South Police Station, while B.A. No.7866/2009 relates to Crime No.1863/2009 of Ernakulam Town North Police Station. 2. The offences alleged against the petitioner in both cases are under Sections 406 and 420 of the Indian Penal Code. 3. The allegation against the petitioner is that he received a sum of Rs.6.5 lakhs from the de facto complainant in Crime No.1397/2009 by promising to arrange a visa for the family members of the de facto complainant. The allegation in Crime No.1863/2009 is that on 4/10/2004, the petitioner and his wife got a sum of Rs.2.5 lakhs from the de facto complainant therein for arranging visa in U.K. The de facto complainant in Crime No.1863/2009 filed a complaint before the Magistrate's Court and it was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. B.A. Nos. 7842 & 7866 of 2009 2 4. The petitioner surrendered before police in Crime No.1397/2009 on 24/11/2009. His arrest was recorded in that case. He was produced before the court. His formal arrest was recorded in Crime No.1863/2009 on 2/12/2009. The petitioner is in judicial custody. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, 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 in Crime No.1863/2009 and on all Thursdays in Crime No.1397/2009, till the investigation is completed. B.A. Nos. 7842 & 7866 of 2009 3 B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall surrender his Passport before the court of the Additional Chief Judicial Magistrate, Ernakulam. 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. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm