IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 959 of 2008() ---------------------------- CRIME NO. 25/08 OF KOLATHUR POLICE STATION .................... PETITIONERS : ACCUSED NO.1 TO 3: ----------------------------------- 1. LALU, AGED 45 YEARS, S/O.OMKAR, JUNAVADAD POLICE STATION LIMIT, AHAMEDABAD DISTRICT, GUJARATH STATE. 2. SATHRUHAN, AGED 30 YEARS, S/O.RAJARAM, JUNAVADAD POLICE STATION LIMIT, AHAMEDABAD DISTRICT, GUJARATH STATE. 3. MADHU BHAI, AGED 35 YEARS, W/O.RAMLAL, JUNAVADAD POLICE STATION LIMIT, AHAMEDABAD DISTRICT, GUJARATH STATE. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 959 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2008 O R D E R Application for regular bail. The petitioners face allegations in a crime registered under Section 420 I.P.C. The crux of the allegations is that the petitioners, who are accused 1 to 3, had gone to the defacto complainant for Ayurvedic treatment. When the treatment was about to be completed, they allegedly wanted to sell gold coins which were available with them. The defacto complainant became suspicious. He informed the local shop keepers and neighbours. They allegedly detained the accused persons and informed the police. In fact the allegation now is that they attempted to defraud and deceive the defacto complainant. Investigation is in progress. The petitioners were arrested on the spot on 16.1.2008 and they continue in custody from that date. The petitioners are not inhabitants of Kerala. They allegedly hail from Gujarath, submits the learned counsel. B.A.No. 959 of 2008 2 2. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer on condition that appropriate safeguards are insisted to ensure the presence of the petitioners before the court and I am satisfied that the petitioners can now be released on bail subject to appropriate terms and conditions. 3. In the result: 1) This applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. In the peculiar facts and circumstances of this case the learned Magistrate must scrupulously ensure that the sureties offered are sufficient and solvent, though it is not necessary to ritualistically insist on production of solvency certificate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays between 10 a.m. and B.A.No. 959 of 2008 3 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm