K.J.James v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 Bail Appl..No. 1892 of 2015 () ------------------------------- CRIME NO. 685/2014 OF VATTIYOORKKAVU POLICE STATION. ......
PETITIONER/3RD 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.K.R.MONISHA.
RESPONDENT:
---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, VATTIYOORKKAVU POLICE STATION, THIRUVANANTHAPURAM-695 013.
BY SR. PUBLIC PROSECUTOR SRI.C. RASHEED.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
B.KEMAL PASHA, J.
................................................................ B.A. No.1892 OF 2015 ............................................................... Dated this the 7th day of April, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the 3rd accused in Crime No.685/2014 of the Vattiyoorkkavu Police Station registered for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
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 in this case for an amount of Rs.65,000/-. He has not so far cared to return the said amount. The petitioner has been in custody for the period from 18.03.2015 onwards. 4.
Heard learned counsel for the petitioner and the
B.A.No. 1892 of 2015 -: 2 :- 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.
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 ₹20,000/- (Rupees twenty thousand only) before the court below within a period of 15 days from today and the said amount shall be kept in deposit till the disposal of the case, for compensating the loss, if any, sustained to the defacto complainant.
(ii) The petitioner shall report before the
B.A.No. 1892 of 2015 -: 3 :- Investigating Officer in between 9 a.m. and 11 a.m. on all Wednesdays commencing from 15.04.2015 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