IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 387 of 2009()
1. BINDHU MAHESH, AGED 33,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/01/2009
O R D E R
K.HEMA, J.
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B.A.No. 387 of 2009
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Dated this the 27th January, 2009
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 406, 409 and
420 read with 34 of the Indian Penal Code. According to
prosecution, petitioner is second accused, who along with
first accused and in furtherance of common intention with
other accused, induced several persons to deposit huge
amount in the establishment run by first accused with
fraudulent intentions and the amounts were not returned and
the interest was also not given and thereby they cheated de
facto complainant and others.
3. Petitioner’s arrest was recorded on 4.11.2008. Learned
Public Prosecutor submitted that charge sheet has not been
filed and hence, petitioner is entitled for bail by default, but
suitable conditions may be imposed.
4. On hearing both sides, I am satisfied that bail can be
granted to petitioner.
BA.387/09 2
Hence, bail is granted to petitioner on the following
terms and conditions:
i) Petitioner shall execute a bond for Rs.1,00,000/-
with two solvent sureties each for the like sum
to the satisfaction of the Magistrate Court
concerned.
ii) Petitioner shall report before the investigating
officer as and when required.
iii). Petitioner shall not leave the limits of the police
station within which the crime is registered,
except with the prior permission of the learned
Magistrate.
iv) 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.