Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Bail Appl..No. 2261 of 2014 (C) ------------------------------- AGAINST THE ORDER
IN CMP27112014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD CRIME NO. 1147/2013 OF NEDUMANGAD POLICE STATION , THIRUVANANTHAPURAM ACCUSED(S)/PETITIONER/ACCUSED : ------------------------------------------------------------ ANILPRASAD @ A.P.KAKKAD AGED50YEARS S/O. DAVID NAVASODHA, NEAR VALIYODE, ST.GEORGE CHURCH VALIYODE DESOM, OTTASEKHARAMANGALAM VILLAGE THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN COMPLAINANT(S)/RESPONDENTS : -------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE NEDUMANGAD POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2261 of 2014 (C) ------------------------------------------ Dated this the 1st day of April, 2014 ORDER
The petitioner is the accused in Crime No.1147/2013 of Nedumangad Police Station, Thiruvananthapuram District. He is the applicant in B.A. No.2264/2014 also. The offence alleged is under section 420 of IPC.
2. The petitioner was arrested and he has been in custody since 18.3.2014.
3. The allegation is that he had obtained Rs.25,000/- from the complainant promising that job will be arranged, for which the total demand made by him was Rs.1,00,000/-. Job was not arranged and thus he cheated the complainant, the prosecution contends. B.A. No. 2261/2014 (C) -2- 4. Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail subject to the following conditions: (i) The petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. (ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all B.A. No. 2261/2014 (C) -3- alternate Wednesdays between 9.30 AM to 11.30 AM until further orders. (iii) The petitioner shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. (iv) The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (v) The petitioner shall not leave India without the prior permission of the learned Magistrate. B.A. No. 2261/2014 (C) -4- (vi) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj