IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5154 of 2011() ----------------------------- CRMP.2180/2011 of J.M.F.C.,CHANGANACHERRY CRIME NO.899/2011 OF CHANGANASSERY POLICE STATION (CRIME NO.393/2011 OF NADAKAVU POLICE STATION) WHICH IS TRANSFERRED TO NADAKAVU POLICE STATION, KOZHIKODE .................... PETITIONERS:ACCUSED 1 & 2 -------------------------- 1. JIYO MATHEW, AGED 33 YEARS S/O.MATHEW JOSEPH, THEKKEN ARYADU VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 2. BINIMOL, AGED 32 YEARS, W/O. JIYO MATHEW THEKKEN ARYADU VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: --------------- 1. STATE OF KERALA, CIRCLE INSPECTOR OF POLICE, NADAKAVU POLICE STATION, KOZHIKODE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. CIRCLE INSPECTOR OF POLICE CHANGANASSERY POLICE STATION CHANGANASSERY, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.M.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- Bail Appln.No.5154 of 2011 ------------------------------------------- Dated this the 05th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.393 of 2011 of the Nadakavu Police Station, Calicut. It is submitted by the learned counsel for the petitioners that second petitioner (second accused) was granted bail and therefore the bail application is not pressed in so far as the second petitioner is concerned. 2. The offence alleged against the petitioners are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that promising to procure a bank guarantee for Rupees 115 crores, the accused persons received Rupees 1.26 crores from the de facto complainant on several occasions. The bank guarantee was in connection with the sale of a Shopping Mall at Calicut. The first petitioner was arrested by the Changanassery police on 07/06/2011 in Crime No.899 of 2011. Later the case was transferred to Nadakavu Bail Appln.No.5154/2011 : 2 : Police Station, Calicut since the offence was committed within the jurisdiction of that Police Station, where the crime was registered as Crime No.393 of 2011. It is submitted by the learned counsel for the petitioners that in spite of the fact that a sum of Rupees seventy five lakhs was deposited in the account of the third accused, he was granted anticipatory bail. The first petitioner is in judicial custody since 07/06/2011. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the first petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the first petitioner. 5. The first petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV, Kozhikode, subject to the following conditions: A) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; Bail Appln.No.5154/2011 : 3 : B) The first petitioner shall appear before the investigating officer for interrogation as and when required; C) The first petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The first 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. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj