These applications arise from various cases registered by the Guruvayoor police for the offences punishable under Secs.406, 417, 418 and 420 r/w Sec.34 of the Indian Penal Code against the petitioner who is the Chairman of the Santhimadom Builders and Developers Trust and others for alleged cheating and misappropriation. Petitioner is involved in other cases registered by the Cantonment police, Thiruvananthapuram, was arrested in those cases on 10.02.2014. His formal arrest was recorded in the crimes registered by the Guruvayoor police on 20.04.2014, 23.04.2014 and 20.05.2014 (in different crimes). Petitioner seeks bail.
2. Learned Public Prosecutor has opposed the applications.
It is submitted that on a promise to construct and allot villas, the petitioner and others collected lakhs of rupees from various persons but, has not complied with the promise and thus cheated them. Investigation is not completed.
3. Learned counsel submits that in the cases registered by the Cantonment police, Thiruvananthapuram this Court has granted bail subject to conditions. It is submitted that 80% of construction of villas is over but on account of objection raised by the Archaeological department, the grama panchayath concerned issued order rejecting request for electric/water connection. That order of the grama panchayath is under challenge before the Tribunal for Local Self Government Institutions, Thiruvananthapuram. It is submitted that further detention of the petitioner is not required.
4. It is seen from the Annexures produced by the petitioner that he was granted bail in some of the cases registered by the Cantonment police, Thiruvananthapuram subject to conditions. On hearing the learned Public Prosecutor and the learned counsel, I am inclined to think that further custody of the petitioner is not required and that he could be granted relief but subject to stringent conditions and protecting the interest of the aggrieved persons as well.
The applications are allowed as under:
(i) Petitioner is granted bail in the following cases:
Crime Nos.531, 615, 651, 652, 653, 654, 658, 659, 660, 661, 700, 701, 702, 703, 708, 709, 716, 717, 718, 719, 723, 724, 725, 726, 727, 728, 755 and 766 of 2014 of the Guruvayoor Police Station.
(ii) Petitioner shall be released on bail in the aforesaid cases (if not required to be detained otherwise) on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall file affidavit before the learned magistrate while executing the bail bonds detailing the immovable properties he and the Trust have and undertaking that he/Trust would not, in any manner dispose of or encumber the said properties except with the permission of the learned magistrate.
(c) Petitioner shall file attested copy of the said affidavit before the Registrar/Sub Registrar concerned within two weeks from the date of his release on bail.
(d) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(e) Petitioner shall not, during the period of this bail get involved in any offence.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) It is made clear that in case of violation of any of condition Nos.(c) to (f), the bail granted hereby is liable to be cancelled by moving application before the learned magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge