IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 578 of 2010()
1. ANOOJ, S/O.MOHANDAS, AGED 33 YEARS,
... Petitioner
2. KRISHNAJITH, S/O.RADHAKRISHNAN,
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/02/2010
O R D E R
K.T. SANKARAN, J.
---------------------------
B.A. No. 578 of 2010
------------------------------------
Dated this the 5th day of February, 2010
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. Petitioners are accused Nos. 1 and 2 in
Crime No.26/2010 of Nadakkavu Police Station, Kozhikode
District.
2. The offence alleged against the petitioners is under
Section 420 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that the accused persons caused
an advertisement in Mathrubhumi Daily inviting applications from
interested persons offering them jobs in U.S.A and Australia. The
advertisement was given in the name of the travel agency and
showing the licence No. of the travel agency belonging to the de
facto complainant. The de facto complainant reported the matter
to the police. The petitioners were arrested on 25.01.2010 and
they were remanded to judicial custody.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
B.A. No. 578 of 2010 2
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
6. The petitioners shall be released on bail on their
executing a bond for Rs.25,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Judicial
Magistrate of the First Class-IV, Kozhikode subject to the
following conditions:-
A) The petitioners 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 petitioners shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioners shall surrender their
passports before the Court of the Judicial
Magistrate of the First Class-IV, Kozhikode
within a period of one week. If any of the
petitioners does not hold an Indian
Passport, an affidavit sworn to by him to
that effect shall be filed before the learned
Magistrate within one week.
B.A. No. 578 of 2010 3
D) The petitioners shall not try to influence
the prosecution witnesses or tamper with
the evidence.
E) The petitioners 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
ln