IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 32 of 2010()
1. GOPAKUMAR, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.B.HARISH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 32 of 2010
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Dated this the 12th 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 the accused in Crime No.
557/2009 of Poojappura Police Station.
2. The offence alleged against the petitioner is under Section
420 of the Indian Penal Code.
3. The prosecution case is that the petitioner agreed to sell
an item of immovable property to the de facto complainant. On
enquiry, it was revealed that the property was already mortgaged
to a bank. The petitioner did not disclose to the de facto
complainant the fact that the property was mortgaged to the
Bank. It is also alleged that the petitioner had entered into
another agreement for sale with a third party in respect of the
property.
4. The petitioner was arrested on 29.12.2009 and he was
remanded to judicial custody.
5. 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
B.A. No. 32 of 2010 2
investigation, I am of the view that bail can be granted to the
petitioner.
6. The petitioner shall be released on bail on his executing
bond for Rs.15,000/- with two solvent sureties each for the like
amount to the satisfaction of the Additional Chief Judicial
Magistrate, Thiruvananthapuram subject to the following
conditions:-
A) The petitioner shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on alternate 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 not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
E) 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
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