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High Court of KeralaBail Appl./5336/2015allowed

Shino Mathew v. Station House Officer

2015-09-03Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 Bail Appl.No. 5336 of 2015 ------------------------------------ CRIME NO. 587/2015 OF ALAKODE POLICE STATION, KANNUR .........

PETITIONER(S)/2ND ACCUSED:

--------------------------------------------- SHINO MATHEW, S/O.MATHEW AGED 31 YEARS KANDATHIL HOUSE, VELLAD, VAYATTUPARAMBA.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATION HOUSE OFFICER, ALAKODE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5336 of 2015 ------------------------------------------------ Dated this the 3rd day of September, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the 2nd accused in Crime No.587/2015 of Alakode Police Station registered for offences punishable under Sections 420 and 409 I.P.C.

3.

Prosecution case, in short, is that on 08-04-2014, the accused persons with an intention of cheating induced the defacto complainant to deposit Rs.10,00,000/- in a limited company and thereafter the accused through reverse trading from another account caused loss to the defacto complainant. 4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Considering the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction

B.A No.5336 of 2015 2 of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned trial Judge need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the Investigating Officer on all Sundays between 10.00 and 11.00 a.m until final report is filed.

4. The petitioner shall not indulge in any offence while on bail.

5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk