IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 BAIL APPL..NO. 6317 OF 2011() ----------------------------- {IN BA.4701/2011 & CMP.1002/2011 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS-I, ALUVA IN CRIME NO.2060/11 OF THE ALUVA POLICE STATION} .................... PETITIONER(S): ACCUSED 1 -------------------------------- PRADEEPKUMAR K.R,KARINGATHURUTHU HOUSE, MARADU P.O, ERNAKULAM DISTRICT. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S)/ COMPLAINANT : ----------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. PRABHULLA CHANDRAN, CIRCLE INSPECTOR OF POLICE, ALUVA-683 101 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001 LEADER OF THE SPECIAL INVESTIGATION TEAM CONSTITUTED BY THE GOVERNMENT FOR THE SUPERVISION OF THE MONEY CHAIN TRANSACTIONS. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------------------- B.A..No.6317 of 2011 ----------------------------------------------- Dated this the 18th day of August, 2011 O R D E R This is an application seeking bail filed under Section 439 of the Code of Criminal Procedure. Petitioner is the 1st accused in Crime No.2060/11 of the Alwaye Police Station, registered for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 2. The gist of the accusation levelled against the petitioner is that he was an agent of the 2nd accused, who operated a business concern “Best Venture”. With false promises he enticed a lot of people to invest funds promising them to give double the amount providing enormous rate of interest and thereby defrauded and cheated several persons, is the prosecution case. After his implication in another crime of similar B.A..No.6317 of 2011 :: 2 :: nature, he had approached this court seeking bail. At that stage, with certain directions, that application was disposed of, and, he was allowed to move an application for regular bail before the court below. Pursuant to such directions, it is submitted, he has been granted bail in that crime. Pending consideration of his application for bail, in the aforesaid crime, on the basis of a complaint from another investor, who had been defrauded by the operation carried by the 2nd accused with the 1st accused, the present crime was registered. His application for bail moved before the learned Magistrate was turned down and, therefore, he has come up with the present petition. 4. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. B.A..No.6317 of 2011 :: 3 :: 5. From the submissions made, it appears that the kingpin in duping the investors was the 2nd accused and the role of the present petitioner was as an agent enticing the individuals to invest their money in the business concern "Best Venture" operated by the 2nd accused. 6. Taking note of the circumstance as presented above that the petitioner had been granted bail, subject to conditions, in another crime referred to above, I find, in the present case also he can be enlarged on bail subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties, each for the like sum to the satisfaction of the Judicial Magistrate of the First Class-I, Alwaye. (ii) He shall report before the investigating officer on every Monday between 10 AM and 12 noon, for a period of two months, from the date of his release from custody, or B.A..No.6317 of 2011 :: 4 :: till the completion of the investigation of the crime. (iii) He shall not intimidate nor make any attempt to influence any of the witnesses, or tamper with the evidence in the crime, in any manner. Bail application is allowed as above. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.