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High Court of KeralaBail Appl./7123/2015allowed

Vijesh A.V v. State Of Kerala

2015-11-18Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 Bail Appl..No. 7123 of 2015 () ------------------------------- CRIME NO. 1288/2015 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ------------- PETITIONER/3RD ACCUSED :

-------------------------------------------- VIJESH A.V., S/O.MADHAVAN @ ANDI, AGED 25 YEARS, EROL HOUSE, AYAROTT, KODOM AMSOM, KODOTH, ODAYANCHAL, KANHANGAD, KASARGOD-671 531 BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA SRI.DENNY VARGHESE SMT.CHITHRA CHANDRASEKHARAN SMT.SYAMA SIDHARTHAN RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA, RESPONDENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-683 544 BY SR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.7123 of 2015 -------------------------------------------- Dated this the 18th day of November 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 3rd accused in Crime Nos.1288 of 2015 of Thiruvananthapuram Museum Police station registered for the offences punishable under Secs.406, 420 and 506(ii) of the Indian Penal Code. The case is registered on the basis of a private complaint. Prosecution case is that the petitioner along with other accused cheated the public by fraudulently representing that they could procure admission for M.B.B.S course to students and received huge amounts.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner is formally arrested in this case on 09.10.2015.

Considering the stage of investigation and the fact that the petitioner is released on bail in other crimes,

Bail Appl. No.7123 of 2015 2 bail is granted to him with the following conditions. (a) The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not. (c) The petitioner shall appear before the S.H.O., Thuruvananthapuram Museum Police station on alternate Fridays between 10.00 a.m and 11.00 a.m. until the final report is filed. (d) The petitioner shall not leave the limits State of Kerala without getting permission from the learned Magistrate.

(e) The petitioner shall surrender his passport forthwith before the learned

Bail Appl. No.7123 of 2015 3 Magistrate. If he does not have passport, he shall file an affidavit to that effect.

(f) The petitioner shall not intimidate or attempt to influence the witnesses.

(g) The petitioner shall not in any manner interfere or meddle with the investigation.

(h) The petitioner 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 learned Magistrate.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/18/11/2015 P.A. To Judge