IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6837 of 2011() ------------------------- CRIME NO.878/2011 OF KANNUR TOWN POLICE STATION PETITIONER/ACCUSED A-2 ------------------------- AMPILY, AGED 28 YEARS, D/O.RAVEENDRAN, ASSESIYA NAGAR, SASTHAMPOIKA, MEEYANNOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6837 of 2011 ---------------------------------------------- Dated this the 02nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.878 of 2011 of Kannur Town Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the accused persons who were running S.K. Enterprises, a concern engaged in the distribution of pharmaceuticals, made an advertisement in a newspaper inviting person desirous of becoming partners in the business. In response to the advertisement, the de facto complainant approached the accused. The de facto complainant invested Rupees Sixty five lakhs in the said business. However, he was not made a partner and the amount paid by him was not returned and thus he was cheated by the accused. The petitioner was arrested on 11/08/2011 and she was remanded to judicial custody on 12/08/2011. 4. Taking into account the facts and circumstances of the case and also taking into account the fact that the Bail Appln.No.6837/2011 : 2 : petitioner is a woman, 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. 5. The petitioner shall be released on bail on her executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, till the final report is filed or until further orders; B) The petitioner shall surrender her Passport before the Court of the Judicial Magistrate of the First Class-I, Kannur. If the petitioner does not have a Passport, an affidavit sworn to by her to that effect shall be filed before the learned Magistrate. C) The petitioner shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.6837/2011 : 3 : D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner 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 skj