IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6567 of 2008() ----------------------------- CRIME NO.583/08 OF KASABA POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED -------------------------------------- SAROSH R. KRISHNAN, S/O. RADHAKRISHNAN, SUSHARA HOUSE, POST MAKKADA, KAKKODI, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. PUSHPA RADHAKRISHNAN, W/O.RADHAKRISHNAN 'NIKUNJAM', KAMMILITHAZHAM, MAKKADA AMSOM DESOM KOZHIKODE TALUK. ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 24.10.2008 IN CRL.M.A.NO.5776/08 PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.SAKIR.K.H. FOR ADDL.R3 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6567 of 2008 ------------------------------------------------- Dated this the 24th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 420 IPC. According to prosecution, petitioner has withdrawn Rs.57,000/- using the ATM card of the defacto complainant from her account, without her consent. 3. Learned counsel for the petitioner submitted that the matter is settled between the parties and an affidavit also is sworned by the defacto complainant stating that the parties are settled the matter and she has no objection in granting bail to the accused. The defacto complainant is also represented by a counsel and he also endorsed all the above facts. Petitioner is in custody from 7.10.2008 onwards. 4. In the peculiar circumstances, learned public prosecutor submitted that he has no objection in granting bail on conditions. It is also submitted that the money was seized from the petitioner as well as the ATM card. BA No.6567/08 2 Hence, petitioner is granted bail 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 on every Monday and Thursday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl