These applications are preferred by the petitioner, accused in various crimes registered by the Guruvayoor Police station for the offences punishable under Secs.406, 417, 418 and 420 read with Sec.34 of the Indian Penal Code. He is effectively in custody from 10.02.2014, his arrest was recorded in the aforesaid cases on 17.06.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the applications. It is submitted that the petitioner and others under guise of constructing and selling villas, cheated the defacto complainants collecting lakhs of rupees from them.
3. Learned counsel submitted that the allegations are not true. Villas were constructed but there happened to be some dispute raised by the Archeology department based on which the local authority refused to grant sanction.
4. It is pointed out and, it is seen that various other cases on similar allegations were also registered against the petitioner and he was granted bail in those cases. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioner in these applications also.
Applications are allowed as under.
I. Petitioner is granted bail in the following cases.
a. Crime No.854 of 2014
b. Crime No.861 of 2014.
c. Crime No.862 of 2014.
d. Crime No.863 of 2014.
e. Crime No.864 of 2014.
f. Crime No.865 of 2014.
g. Crime No.868 of 2014.
h. Crime No.869 of 2014.
i. Crime No.880 of 2014, and ;
j. Crime No.896 of 2014, all 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 Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the likesum 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 Santhimadom 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 conditions 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 V. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH JUDGE NS