IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7603 of 2008() ----------------------------- CMP.4694/2008 of J.M.F.C.-I, KANNUR Cr.NO.938/08 OF KANNUR TOWN POLICE STATION PETITIONER: ACCUSED: ---------------------------- K.RAMAN NAMBOOTHIRI, AGED 62 YEARS, S/O.KRISHNAN NAMBOOTHIRI, KUTTAMANGALAM ILLAM, RAMALLUR, KAKKUR, KOZHIKODE. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7603 of 2008 ----------------------------------------- Dated this the 19th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 420 of the Indian Penal Code. According to prosecution, petitioner made false representation to de facto complainant and induced her to deliver an amount of Rs.10 lakhs in total on several occasions under the guise that he would do some pooja and give some copper sheets, which will help de facto complainant to get the property sold at the earliest. He also gave certain articles to de facto complainant stating those to be gold biscuits and obtained money, but those were copper. 3. Petitioner was arrested on 28.11.2008. Learned counsel for petitioner submitted that petitioner developed some cardiac problem while he was in custody and he was hospitalised on 2.12.2008. Bye-pass surgery is suggested and hence, he may be granted bail, it is submitted. Documents are also produced. 4. Learned Public Prosecutor submitted that considering the physical condition of petitioner, he has no objection in granting bail to petitioner. BA.7603/08 2 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer as and when directed. iii). Petitioner shall deposit an amount of Rs.50,000/- as fixed deposit in the name of de facto complainant and produce the FD receipt before the Magistrate Court concerned within one week from today. If the FD receipt is not produced within one week, bail is liable to be cancelled. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.