IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4997 of 2009()
1. SANTHOSH KUMAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.DINESH MATHEW J.MURICKEN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4997 OF 2009
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Dated this the 8th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the second accused in Crime
No.290 of 2006 of Thampanoor Police Station (Crime No.117/CR/07
of CBCID, Ernakulam). There are seven accused persons in the
case.
2. The offences alleged against the accused persons are
under Sections 419, 420, 465 and 468 of the Indian Penal Code.
3. The prosecution case is that huge amounts were collected
from several persons making them believe that they would be offered
job in Indian Railways. The petitioner herein pretended that he was
a member of the Railway Recruitment Board. A sum of Rs.5 lakhs
was collected from the de facto complainant. From three other
persons also amounts at the rate of Rs.3.5 lakhs were collected.
The petitioner was arrested on 10.7.2009 and he was remanded to
B.A. NO. 4997 OF 2009
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judicial custody. It is submitted that there are about eighteen other
cases of similar nature pending against the petitioner and in some of
the cases bail was granted.
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.
5. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class – III,
Thiruvananthapuram, 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, 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;
B.A. NO. 4997 OF 2009
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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.
The petitioner shall be released from jail only if his detention is
not required in connection with any other case.
(K.T.SANKARAN)
Judge
ahz/