IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8190 of 2011() ----------------------------- (CRIME NO.447/2011 OF NILAMBUR POLICE STATION IN MALAPPURAM DISTRICT) .................... (S): PETITIONER/ACCUSED: --------------------------------------- MANOJ.R., NANDANAM, PULLISSERI, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON 14/11/2011 PASSED THE FOLLOWING: P.S.GOPINATHAN, J ------------------------------------ B.A.No.8190 of 2011 -------------------------------------------- Dated this the 14th day of November, 2011 ORDER This petition is filed u/s.438 of the Code of Crl.Procedure. Petitioner is the accused in Crime No.447/2011 of Nilambur Police Station for offences under Sections 420 and 406 IPC. A similar application filed before the Sessions Judge, Manjeri was dismissed as per Annexure A2 order. 2. Having gone through the FIR, I find that the petitioner had deceived so many persons and collected for about Rs. 20 lakhs on promise from various persons that on depositing Rs. One lakh, they would be paid rupees Three lakhs after 100 days. 3. The learned Public Prosecutor strongly opposed this petition. In the above circumstances, in the ordinary course, I find no good reason to invoke jurisdiction u/s.438 of the Code of Crl. Procedure. However, I find that it would be just and appropriate to release the petitioner on stringent conditions. Therefore, this petition is allowed on the following conditions: i) The petitioner shall deposit Rs.20 lakhs or produce bank guarantee for that amount B.A.No.8190 of 2011 2 before the Judicial Magistrate of First Class, Nilambur. ii) The petitioner shall surrender before the Magistrate, who shall release him on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for like amount to the satisfaction of the learned Magistrate provided condition No.1 is complied. iii) The petitioner shall not leave Malappuram District without permission and shall report before the investigating officer as and when required. P.S.GOPINATHAN,JUDGE pm