K.J.James v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 Bail Appl..No. 1758 of 2015 () ------------------------------- CRIME NO. 977/2014 OF ARANMULA POLICE STATION. .......

PETITIONER/2ND ACCUSED:- ------------------------------------------- K.J. JAMES, S/O.JOSEPH, AGED 60 YEARS, KANJIRATHUMOODU HOUSE, PUZHAVATHU P.O., CHANGANASSERY.

BY ADVS.SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.SUNANDA SUKUMARAN, SMT.K.R.MONISHA.

RESPONDENT/STATE:

--------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, ARANMULA POLICE STATION, ARANMULA - 689 533.

BY SR. PUBLIC PROSECUTOR SRI.C. RASHEED.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

B.KEMAL PASHA, J.

................................................................ B.A. No.1758 OF 2015 ............................................................... Dated this the 6th day of April, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No.977/2014 of the Aranmula Police Station, Pathanamthitta registered for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code and Section 11 read with Section 63 of the Chit Fund Act. 3.

The allegation against the petitioner is that, under the name and style of 'Apple Tree Chits India Pvt. Ltd.', he has defrauded and cheated several members of the public and defrauded and cheated the defacto complainant and another person in this case for an amount of Rs.2,00,000/-. He has not so far cared to return the said amount. The petitioner has been in custody for the period from

B.A.No. 1758 of 2015 -: 2 :- 23.02.2015 onwards.

4.

Heard learned counsel for the petitioner and the learned Senior Public Prosecutor. Perused the CD.

5. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that the petitioner can be enlarged on bail, by making a provision for compensating the loss sustained to the defacto complainant and the other person. 6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall deposit an amount of ₹40,000/- (Rupees forty thousand only) before the court below within a period of one month from today and the said amount shall be kept in deposit till the disposal of the

B.A.No. 1758 of 2015 -: 3 :- case, for compensating the loss, if any, sustained to the defacto complainant and the other person.

(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 13.04.2015 for a period of six months.

(iii) The petitioner shall not tamper with the evidence or influence witnesses.

(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(v) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge