IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2000 of 2010()
1. GIREESH, S/O.KANNAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.ZUBAIR PULIKKOOL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/04/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No.2000 of 2010
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Dated this the 5th day of April, 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.2 in
Crime No.228/2010 of Chavakkad Police Station.
2. The offence alleged against the petitioner is under
Section 420 of the Indian Penal Code.
3. The prosecution case is that offering visa to go abroad,
the accused persons collected a total sum of Rs.3,90,000/- from
the de facto complainant and four others, but offered them only
visiting visas. The crime was registered on the basis of a
complaint filed by the de facto complainant before the
Magistrate’s Court. The complaint was forwarded to the police for
investigation under Section 156(3) of the Code of Criminal
Procedure.
4. The petitioner was arrested at Nadapuram on
23/3/2010. The learned Public Prosecutor submitted that while
the petitioner was being brought from Nadapuram to Chavakkad,
the friends of the petitioner came in a jeep, intercepted the police
B.A. No.2000/2010
2
vehicle and tried to rescue the petitioner. Only with the help of
local people, the police could avert the rescuing of the petitioner.
The petitioner was remanded to judicial custody and he is
continuing in detention.
5. Head the learned counsel for the petitioner and the
learned Public Prosecutor.
6. 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 on stringent conditions.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/-with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Chavakkad 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 and Thursdays for
a period of two months and thereafter on
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.
B.A. No.2000/2010
3
C) The petitioner shall surrender his Passport
before the court of the Judicial Magistrate
of the First Class, Chavakkad within one
week. If the petitioner 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.
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
scm