Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE6H DAY OF NOVEMBER201315TH KARTHIKA, 1935 Bail Appl..No. 7400 of 2013 () ------------------------------- CRIME NO. 366/2013 OF VALIYAMALA POLICE STATION , THIRUVANANDAPURAM PETITIONER/ACCUSED: ------------------- RENJITH A, AGED28YEARS S/O. AYYAPPAN PILLAI, PUTHEN VEEDU, KIZHAKKEPPURAM AYIROOR P.O., VARKALA-695310. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO. 366/2013 OF VALIYAMALA POLICE STATION THIRUVANANTHAPURAM DISTRICT). BY PUBLIC PROSECUTOR: ADV SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.7400 of 2013 ============================ Dated this the 06th day of November, 2013 ORDER
Petitioner is the second accused, in Crime No.366 of 2013 of the Valiyamala Police Station for the offences punishable under Secs.417 and 420 r/w Sec.34 of the Indian Penal Code for allegedly cheating the subscribers who joined the chitty conducted by the petitioner and others, is in custody from 01.10.2013 and seeks regular bail.
2. Learned Public Prosecutor has submitted that around 20 complaints are received by the Valiyamala police against the petitioner and others and that the amount involved comes to more than `5,00,000/-. It is also submitted that a case was registered against the petitioner as Crime No.786 of 2013 of Kilimanoor Police Station for similar offences.
3. Learned counsel submits that the allegations are not true and that though the petitioner was the Managing Director, the company was being managed by the first accused. Learned counsel also referred to the inter-se dispute between the petitioner and the first accused. B.A.No.7400 of 2013 2 4. Those are matters to be worked out between the petitioner and the first accused with which the subscribers may not be very much concerned. Having regard to the facts of the case, I am inclined to grant bail, at the same time protecting to some extent the interest of the de facto complainant and other subscribers (in Crime No.366 of 2013) as well. Resultantly this application is allowed as under: (i) Petitioner is granted bail in Crime No.366 of 2013 of the Valiyamala Police Station and will be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: (a) Bail bond shall be executed within three weeks from this day. (b) One of the sureties shall be a close relative of the petitioner. (c) Petitioner shall report to the Investigating Officer as and when directed for interrogation, at all reasonable time and places. (d) Petitioner shall not, during the period of this bail get involved in similar offence. (e) Petitioner shall deposit `3,00,000/- (Rupees Three Lakhs Only) in a Nationalised Bank in his name initially for a period of two B.A.No.7400 of 2013 3 years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate within 45 (forty five) days from the date of his release on bail. (f) In case the case is decided against the petitioner or his establishment and compensation is awarded to the de facto complainant or other subscribers involved in Crime No.366 of 2013, such amount to the extent possible could be realised from the amount in deposit. (g) In case of violation of any of the conditions the bail granted hereby is liable to be cancelled by moving application before the jurisdictional magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge