IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 5779 of 2011 CRIME NO.845 OF 2011 OF KODAKARA POLICE STATION, THRISSUR. APPLICANT/ACCUSED NO.3 ------------------------------------------ A.J.GEORGE, AGED 62 YEARS, S/O.JOSE, ALOOKARAN HOUSE, CHALAKUDY. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, KODAKARA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND ADDL.ADVOCATE GENERAL SRI.K.A.JALEEL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5779 OF 2011 ------------------------------------------------------ Dated this the 12th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.845 of 2011 of Kodakara Police Station, Thrissur District. 2. The offences alleged against the accused are under Sections 406 and 420 of the Indian Penal Code and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. 3. The allegation is that the petitioner collected a sum of `99,000/- from the de facto complainant and `3,36,000/- and `2,16,000/- from two others promising huge returns. The amounts were collected for the purpose of investing the same in Nano Excel Corporation. The prosecution case is that Nano Excel Corporation, of which accused No.4 is the Chairman and Managing Director, is indulged in a 'money circulation scheme', as defined in Section 2(c) BAIL APPL. NO.5779 of 2011 :: 2 :: of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. 4. The learned counsel for the petitioner submitted that the petitioner was arrested on 23.6.2011. Police custody was given and he was interrogated by the police. No purpose would be served by the continued detention of the petitioner. It is also submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court for granting bail. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, 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. 7. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the BAIL APPL. NO.5779 of 2011 :: 3 :: like amount to the satisfaction of the Judicial Magistrate of the First Class, Irinjalakuda, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall surrender his Passport, if any, before the Court of the Judicial Magistrate of the First Class, Irinjalakuda. If the petitioner does not have a Passport, he shall file an affidavit sworn to by him, to that effect before the learned Magistrate; 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 ahz/