IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 7046 of 2008() ----------------------------- CRMP.4019/2008 of ADDL.C.J.M., ERNAKULAM CRIME NO.612/08 OF THE HILL PALACE POLICE STATION PETITIONER ------------------------------ BINOY JOSEPH, PUTHUPPARAMBIL HOUSE, CHELIKKUZHI, MUNDAKKAYAM P.O. KOTTAYAM DISTRICT. BY ADV. SRI.K.A.HASSAN RESPONDENT(S): --------------- STAE OF KERALA, REP.BY THE S.I.OF POLICE HILL PLACE POLICE STATION, THRIPUNITHURA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7046 of 2008 ----------------------------------------- Dated this the 26th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 420 and 34 of the Indian Penal Code. According to prosecution, petitioner (first accused), along with seven others, formed a construction company and fixed Rs.43 lakhs as the construction cost of a residential building and Rs.23 lakhs were received as advance for the construction of a proposed residential building, but the construction was not done and thereby accused cheated de facto complainant. 3. Learned counsel for petitioner submitted that petitioner is in custody from 1.11.2008 onwards. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but stringent conditions may be imposed. 5. I am satisfied that bail can be granted to petitioner on conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.7046/08 2 ii) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. iii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.