Petitioner is the 5th accused in Crime No.2103 of 2012 of the Kalamassery Police station for the offences punishable under Secs.420, 406 read with Sec.34 of the Indian Penal Code on the allegation that the petitioners and others collected money from the defacto complainant on a promise to make him a partner in a construction business and cheated him. 2. Learned Public Prosecutor submitted that the accused nos.1 to 4 in this case are granted bail and final report is filed in the Judicial First Class Magistrate Court-II, Aluva on 29.04.2013.
3. I have heard the learned counsel for the petitioner also.
4. In the light of the above, I am satisfied that custodial interrogation of the petitioner is not required.
Hence I am inclined to grant relief to the petitioner but subject to conditions.
Application is allowed as under:
i. Petitioner is granted bail in Crime No.2103 of 2012 of the Kalamassery Police station.
ii. Petitioner shall surrender before the learned Judicial First Class Magistrate Court-II, Aluva on or before 7.07.2014.
iii. On such surrender, learned magistrate shall release the petitioner on bail (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions.
a) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall report to the officer who has investigated the case if and when required for interrogation.
c) Petitioner shall not get involved any offence during the period of this bail.
d) Petitioner shall not influence or intimidate the witnesses.
e) In case any of condition nos.(b) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
iv. It is made clear that incase the petitioner does not surrender before the learned magistrate as aforesaid, this order granting bail would cease to be effective on the expiry of the time granted hereby.
THOMAS P. JOSEPH JUDGE NS