IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6483 of 2009 CR.NO.1229 OF 2009 OF THOPPUMPADY POLICE STATION PETITIONER: ACCUSED NO.2 -------------------------------- SIDHIQUE, AGED 38 YEARS, S/O. KUNJINPILLAI, POOVATH HOUSE, SOUTH OF R.T OFFICE MATTANCHERRY, RAMESWARAM VILLAGE. BY ADV. SRI.PMA.KALAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION - CRIME NO.1229/09 OF THOPPUMPADY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6483 OF 2009 ------------------------------------------------------ Dated this the 10th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in C.R. No.1229 of 2009 of Thoppumpady Police Station. 2. The offences alleged against the accused persons are under Sections 420 and 406 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The accused persons agreed for sale of scrap iron to the de facto complainant for a sum of Rs.60,000/-. Towards advance, a sum of Rs.30,000/- was received. The de facto complainant was shown the scrap iron being loaded in a truck. He was made to believe that the truck load of scrap was intended to be unloaded at the business premises of the de facto complainant. In fact, the place from where the scrap iron was unloaded was a Government property. The scrap was not supplied and the money was not re-paid. The case B.A. NO. 6483 OF 2009 :: 2 :: of the de facto complainant is that he was cheated by the accused persons. The petitioner was arrested on 17.10.2009 and he was remanded to judicial custody. 4. The learned Magistrate and the learned Sessions Judge dismissed the Bail Applications submitted by the petitioner and the other accused as per the orders dated 21.10.2009 and 27.10.2009 respectively. The investigation has progressed thereafter. 5. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kochi, subject to the following conditions: B.A. NO. 6483 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the 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) 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 ahz/