Application filed under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the 5th accused in Crime No.1559 of 2014 of the Palarivattom Police Station registered for the offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code and Sections 10, 16(b) and 24(b) & (f) of the Emigration Act, 1983.
3. The allegation against the petitioner and other accused is that they started an institution named Axiom HR Consultancy Emigration and Migration Service at Edapally without any licence or authorization, for conducting the recruitment of persons for jobs abroad and advertised through Internet and called for applications for jobs to South Africa, Switzerland, Malaysia etc. They obtained the bio-date, copies of certificates and the original passports of several such job seekers. The petitioner has been custody for the period from 14.11.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The investigation of the case is practically over. Custodial interrogation of the petitioner is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation, and the absence of criminal antecedents on his part, this court of the view that he can be enlarged on bail on conditions.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 16.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS // True Copy // PA to Judge