IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH DECEMBER 2007 / 16TH AGRAHAYANA 1929 Bail Appl..No. 7555 of 2007() ----------------------------- CRIME NO. 256/07 OF VARKALA POLICE STATION CMP.5438/2007 of J.M.F.C.,VARKALA .................... PETITIONER/3RD ACCUSED --------------------------------------- DHARMARAJAN, S/O.GOPALAN, RADHANILAYAM, NEAR MARAKKADAMUKKU, KIDAVATHUVILA DESOM, VARKALA VILLAGE. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, THIRUVANANTHAPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7555 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December, 2007 O R D E R Application for regular bail. The petitioner is the third accused. He faces allegations in a crime registered for offences punishable, inter alia, under Sections 409 and 420 I.P.C. Non- return of deposits collected from the members of the public is the soul of the allegations raised against the petitioner. The petitioner claims to be only an employee in a finance institution, which had collected the deposits. The petitioner was arrested on 26.10.2007 and he continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. B.A.No. 7555 of 2007 2 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm