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High Court of KeralaBail Appl./4619/2015allowed

G. Rajendran v. State Of Kerala

2015-11-19Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 Bail Appl..No. 4619 of 2015 () ------------------------------- CRIME NO. 2129/2015 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT. .......

PETITIONER/ACCUSED NO 1:

------------------------------------------- G. RAJENDRAN, AGED 54 YEARS, S/O. THE LATE GOPALAN, KIRAN NIWAS, ADINADU SOUTH, KATTIL KADAVU P.O., KARUNAGAPPALLY, KOLLAM, PIN- 690 542.

BY ADVS.SRI.C.S.MANU, SRI.S.K.PREMRAJ.

RESPONDENTS/COMPLAINANT & THE INVESTIGATING OFFICER: ------------------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-695 001.

2. SUB- INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY P.O., KOLLAM DISTRICT-690 544. * ADDL. R3 IMPLEADED

3. BIJU RAJAN, AGED 39 YEARS, S/O.RAJAN, SREYAS HOUSE, ADINADU SOUTH, KATTIL KADAVU P.O., KARUNAGAPPALLY, KOLLAM-690 542.

* ADDL. R3 IS IMPLEADED AS PER ORDER DATED 16/09/2015 IN CRL.MA. NO.9170/2015 IN BA. NO.4619/2015.

R1 & R2 BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA. ADDL.R3 BY ADV. SRI.BOBY MATHEW.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-11-2015, ALONG WITH BA. NO.4620 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 19th day of November, 2015

O R D E R

Applications filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioners are accused 1 and 3 in Crime No.2129 of 2015 of Karunagappally Police Station registered for the offences punishable under Section 420 r/w Section 34 of the Indian Penal Code. Petitioner in B.A.No.4619 of 2015 is the father and the petitioner in B.A.No.4620 of 2015 is the son.

3.

Prosecution case is that the petitioners obtained huge amount from the defacto complainant and 2 others promising job visa abroad. Later, they failed to fulfill the promise and thereby, cheated the defacto complainant and others.

4.

Heard the learned counsel for the petitioners, learned counsel for the defacto complainant and the learned Public Prosecutor.

5.

Considering the nature of allegations and the

fact that the matter has been settled between the defacto complainant and the petitioners, the following directions are issued:

(a) Petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, they shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioners shall appear before the Investigating Officer as and when directed for the purpose of interrogation.

(c) The petitioners shall co-operate with the investigation of the case.

(d) The petitioners shall not intimidate or attempt to influence the witnesses.

(e) The petitioners shall not in any manner interfere or meddle with the investigation.

(f) The petitioners shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True copy/ P.A. to Judge