IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 46 of 2010() --------------------------- CRIME NO,.379 OF 2009 OF VIZHINJAM POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------- THANKAMONY INKELBERT, D/O.PUSHPAMMA, KARIYAILAKETTPURAYIDOM, VIZHINJAM DESOM, VIZHINJAM VILLAGE. BY ADV. SRI.M.SREEKUMAR RESPONDENT: STATE : ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SIR.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 46 OF 2010 ------------------------------------------------------ Dated this the 11th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.379 of 2009 of Vizhinjam Police Station. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons offered employment abroad to the de facto complainant and collected Rs.1,30,000/-. The accused did not arrange visa nor did they repay the amount. The petitioner was arrested on 8.12.2009 and she was remanded to judicial custody. 4. 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. B.A. NO. 46 OF 2010 :: 2 :: 5. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Neyyattinkara, 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, 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; c) The petitioner shall surrender her passport before the Court of the Judicial Magistrate of the First Class II, Neyyattinkara, within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit to that effect shall be filed 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 ahz/