IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7760 of 2008(B) ------------------------------------- CRIME NO.577/08 OF MEDICAL COLLEGE POLICE STATION, NOW REGISTERED AS CBCID CRIME NO.202/CR/TVM/2008 PETITIONER/ACCUSED NO.5 : ------------------------------------ RAHUL @ NANDU, AGED 20, S/O. SANTHAKUMAR NANDANAM, TC 52/2170, BEHIND NEMOM POLICE STATION, NEMOM WARD, NEMOM VILLAGE. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE D.I. OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7760 OF 2008 ------------------------------ Dated this the 12th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 406, 420 read with 34 of I.P.C. According to prosecution, first accused with the help and connivance of other accused, who are either agents or his employees, induced several persons to deposit huge amount in the financial institution of first accused and defrauded the depositors and committed the above offences. petitioner is accused no.5 in the crime and he is the collecting agent. 3. Learned counsel for petitioner submitted that petitioner is in custody from 04.11.2008 onwards, for the past more than 2 months and hence, he is entitled for bail by default. It is also submitted that petitioner is a student and he is having examination for the B.A. Degree and hence, some leniency may be shown in imposing conditions. 4. Learned Public Prosecutor conceded all these facts and submitted that stringent conditions may be imposed while B.A.No.7760 of 2008 2 granting bail. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer as and when directed. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac