IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 8996 of 2011 CRIME NO.1054 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM. PETITIONER : ACCUSED NO.2: ------------------------------ RAJAN N @ DAVID,AGED 30 YEARS, S/O.NADESAN,NANATANAM,MAMAR DISTRICT, NEAR STF CAMP,SREE LANKA (NOW RESIDING AT HOUSE NO.II,KRISHNA NAGAR,IVTH STREET,VALASARAVAKAM, CHENNAI) BY ADV. SRI.TOM JOSE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT 686 691 PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.8996 OF 2011 ------------------------------------------------------ Dated this the 29th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1054 of 2011 of Kothamangalam Police Station, Ernakulam District. 2. The offences alleged against the accused are under Section 420 of the Indian Penal Code and Section 14(c) of the Foreigners Act. 3. The prosecution case is that the accused induced 34 persons of Srilankan origin to pay amounts to the accused by making an offer to send those 34 persons to Australia. Those persons were accommodated in a house arranged by accused Nos.6 to 9. The petitioner was arrested on 27.9.2011. 4. It is submitted by the learned counsel for the petitioner that BAIL APPL. NO.8996 OF 2011 :: 2 :: no final report was filed in the case within sixty days and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. Learned Public Prosecutor submitted that final report will be filed soon. 5. Since the final report is not filed within sixty days, the petitioner is entitled to default bail. 6. It is submitted that the petitioner was accommodated in the Mandapam Camp of Srilankan refugees at Chennai. If the petitioner is released on bail, it is submitted that he has to return to the Mandapam Camp of Srilankan refugees at Chennai. 7. 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. 8. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for BAIL APPL. NO.8996 OF 2011 :: 3 :: the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, subject to the following conditions: a) The petitioner shall appear before the City Police Commissioner, Chennai between 9 A.M. and 11 A.M. on alternate 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. On release of the petitioner on bail, the petitioner shall be taken from jail to the Mandapam Camp of Srilankan refugees at Chennai. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/