IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2816 of 2010() ----------------------------- (CRIME NO.304 OF 2010 OF NEDUMBASSERY POLICE STATION) PETITIONER: ACCUSED NO.1 -------------------------------- ABDUL RASHEED, S/O. KAREEM, AGED 41, SAHAYIPARAMBU HOUSE, MAMBRAKARA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~==~=~=~=~=~=~= B.A. No. 2816 of 2010 =~=~=~=~=~=~=~=~=~=~=~==~=~=~=~=~=~= Dated this the 11th day of May, 2010 O R D E R This is a bail application filed by the first accused in Crime No. 304 of 2010 of Nedumbassery Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with accused 2 to 5 cheated the de facto complainant, by promising employment in Cochin International Airport Ltd. and that thereby committed offences punishable under sections 419, 420, 468, 469, 471 and 473 read with section 34 IPC. 3. The petitioner was arrested on May 2, 2010 and he is in remand thereafter. Bail application filed by the petitioner was dismissed by the Judicial Magistrate of the First Class-II, Alwaye. 4. It is alleged in the petition that the petitioner is innocent of the offences alleged against him and that if he is released on bail, he will be abide by the conditions that may BA No.2816/2010 2 be imposed by this Court. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner:- It is submitted by the learned counsel for the petitioner that other accused persons were granted bail by the learned Magistrate. Further the learned Public Prosecutor submitted that the accused persons have repaid some of the amount taken from the de facto complainant. Therefore, I feel that the petitioner can be released on bail, but on conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall report before the BA No.2816/2010 3 Investigating Officer as and when ordered. 2) The petitioner shall co-operate with the investigation and shall not intimidate the witnesses or tamper with the evidence. 3) In case of breach of any of the conditions mentioned above, lower court can cancell his bail. P.Q. BARKATH ALI, JUDGE. mn