IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 578 of 2010() -------------------------------- CRIME NO. 26/2010 OF NADAKKAVU POLICE STATION ............................ PETITIONERS/ACCUSED NOS.1 AND 2 : --------------------------------------------- 1. ANOOJ, S/O.MOHANDAS, AGED 33 YEARS, MUKKOOTTIL, KERALADEESWARAPURAM, THANUR. 2. KRISHNAJITH, S/O.RADHAKRISHNAN, S/O.RADHAKRISHNAN, AGED 30 YEARS, SREESAILAM, ANAKKUZHIKKARA, KUTTIKKATTUR P.O., KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : --------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 578 of 2010 ------------------------------------ Dated this the 5th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 and 2 in Crime No.26/2010 of Nadakkavu Police Station, Kozhikode District. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons caused an advertisement in Mathrubhumi Daily inviting applications from interested persons offering them jobs in U.S.A and Australia. The advertisement was given in the name of the travel agency and showing the licence No. of the travel agency belonging to the de facto complainant. The de facto complainant reported the matter to the police. The petitioners were arrested on 25.01.2010 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. No. 578 of 2010 2 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV, Kozhikode subject to the following conditions:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class-IV, Kozhikode within a period of one week. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. B.A. No. 578 of 2010 3 D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln