Rajesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl..No. 4877 of 2015 () ------------------------------- CRIME NO. 649/2015 OF KUTTIPURAM POLICE STATION , MALAPPURAM DISTRICT -------------------- PETITIONER/ACCUSED NO.3:
---------------------------------------------- RAJESH, S/O.SANKARAN,AGED 40 YEARS, OLIYIL HOUSE, RAJESH BHAVAN, PARUTHUR P.O., PALLIPPURAM, PALAKKAD.
BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT/STATE:
----------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031 REPRESENTING THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION. PIN - 679 591.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
--------------------------- B.A. No.4877 of 2015 -------------------------------------------- Dated this the 20th day of August 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioner is accused in Crime No.649 of 2015 of Kuttipuram Police station registered for the offence under Sec.420 of the Indian Penal Code. He is the 3rd accused. The first accused pledged some spurious gold with Malappuram District Co-operative bank as a security for a loan. It is stated that it was the 2nd accused who manufactured the articles. The allegation against the petitioner is that he introduced the first accused to the 2nd accused.
3. Heard both sides.
4. So far as this case is concerned, the allegation against the petitioner is that he introduced the first accused to the 2nd accused. He did not play any role in pledging the ornaments. He has been in custody since 26.07.2015. His further detention is not necessary for
B.A. No.4877 of 2015 2 completion of investigation. So I am inclined to grant his prayer.
In the result, the bail application is allowed.
1) The petitioner will be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2) He shall appear before the Investigating Officer between 10.00 a.m.
and 11.00 a.m. every Wednesday for four months or till the final report is filed, whichever is earlier.
3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect within five days of his release.
4) He shall not leave India without the previous permission of the court of enquiry
B.A. No.4877 of 2015 3 or the trial court concerned as the case may be.
5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
6) He shall not intimidate or attempt to influence the witnesses.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge