Rajesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 8006 of 2015 () ------------------------------- CRIME NO. 471/2015 OF RAMANKARY POLICE STATION, ALAPPUZHA DISTRICT. .....

PETITIONER/ACCUSED:

------------------------------------ RAJESH, AGED 41 YEARS, S/O. RAJAPPAN, GOURISANKARAMADOM, CHANDANAKKAVU P.O., ALAPPUZHA.

BY SRI.GRASHIOUS KURIAKOSE, SENIOR ADVOCATE.

ADV. SRI.P.SHANES METHAR.

RESPONDENT(S):

---------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.8006 of 2015 -------------------------------------------- Dated this the 21st day of December 2015

O R D E R

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

2. Petitioner is the 1st accused in Crime No.471 of 2015 of Ramankary Police station registered for the offences punishable under Secs.420, 464, 468 and 471 read with Sec.34 of the Indian Penal Code. Prosecution case in short is that, the accused persons with an intention to cheat the defacto complainant in a land deal by making him believe that the property that he was purchasing abut an important main road, sold the same for a high price. Actually the property was lying away from the main road and thereby he was cheated. Huge sum was involved in the deal. The petitioner was arrested on 06.12.2015. He was given in Police custody. After questioning him, he was produced before the Court and remanded back to judicial custody.

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

Considering the nature of allegations and the

Bail Appl. No.8006 of 2015 2 fact that investigation has advanced to a considerable extent, bail is granted to the petitioner with the following conditions.

i. 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 each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

iv. The petitioner shall appear before the Investigating Officer for interrogation on all Saturdays between 10.00 a.m. and 11.00 a.m. until final report is filed.

Bail Appl. No.8006 of 2015 3 v. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

vi. The petitioner shall not leave the State of Kerala without obtaining permission from the learned Magistrate having jurisdiction.

vii. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

viii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/21/12/2015 P.A. To Judge