IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6735 of 2011() ------------------------- CRIME NO.1024/2011 OF ANGAMALY POLICE STATION ERNAKULAM DISTRICT. PETITIONER/2ND ACCUSED ------------------------- VARGHESE, S/O.VARGHESE, AGED 46 YEARS, BHARANIKULANGARA HOUSE, NEAR ALABI CENTRE, POTTA, KIZHAKKE POTTA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.S.RUSSEL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED S.I.OF POLICE, ANGAMALY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6735 of 2011 ---------------------------------------------- Dated this the 25th day of August, 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.1024 of 2011 of Angamaly Police Station, Ernakulam District. 2. The offences alleged against the accused are under Section 420 of the Indian Penal Code and Sections 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. 3. The prosecution case is that accused Nos.1 and 2 enrolled about 24 persons in the Schemes of Nano Excel Power Corporation, a Company of which accused No.3 Harish Madaneni is the Chairman and Managing Director. The de facto complainant stated that a sum of `2.5 lakhs was collected from him. The prosecution case is that Nano Excel Power Corporation is engaged in the 'money circulation scheme', as defined in Section 2(c) of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Bail Appln.No.6735/2011 : 2 : 4. The learned counsel for the petitioner submitted that the petitioner was arrested on 4.7.2011. His custody was given to the police for two days. The investigation has progressed much. There is no reason why the petitioner should be detained further. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Aluva, 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; Bail Appln.No.6735/2011 : 3 : c) The petitioner shall surrender his Passport, if any, before the Court of the Judicial Magistrate of the First Class II, Aluva. 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 skj