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High Court of KeralaBail Appl./8042/2015allowed

S.Pradeep v. State Of Kerala

2015-12-18Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Bail Appl..No. 8042 of 2015 () ------------------------------- CRIME NO. 3642/2015 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT -------------- PETITIONER/5TH ACCUSED :

--------------------------------------- S.PRADEEP, AGED 40 YEARS, S/O. SUKUMARAN, MADHAVAM VEEDU, MAHADEVIKADU MURI, KARTHIKAPPALLY VILLAGE BY ADV. SRI.D.AJITHKUMAR RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. ABHIJETT LESSLI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.8042 of 2015 -------------------------------------- Dated this the 18th day of December, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the fifth accused in Crime No.3642 of 2015 of Kayamkulam Police Station registered for offences punishable under Sections 406, 468, 471, 420, 170 and 120B read with Section 34 of the Indian Penal Code. Petitioner is in judicial custody in connection with another crime. He was formally arrested in this case on 03.12.2015. 3.

Allegation is that the petitioner along with first accused Saranya, in furtherance of their common intention to cheat the defacto complainants made them believe that they could get job in the Police Department if money was paid to the accused persons. After receiving money the accused persons cheated them.

4.

Heard both sides.

5.

Learned Prosecutor opposed the bail application. He submitted that the petitioner is involved in 32 cases. He is on bail in another crime.

BA No.8042/2015 Considering the stage of investigation, I am of the view that bail can be granted to the petitioner with following conditions: i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction. ii.

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

iii.

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

Petitioner shall not indulge in any offence while on bail. v.

He 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 lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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