Petitioner is accused, in Crime No.1889 of 2013 of the Perumbavoor Police Station for the offences punishable under Secs.420, 406, 419 r/w Sec.34 of the Indian Penal Code, is in custody from 12.04.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner and others collected `58,00,000/- from the de facto complainant on a promise to arrange admission for MBBS course for his son and cheated him by not providing that course.
3. Learned counsel submits that the allegations are false.
Petitioner has no role in the incident and that at any rate, son of the petitioner got admission to a different course.
4. Having regard to the fact that the petitioner is in custody from 12.04.2014, I am inclined to grant relief but subject to conditions protecting the interest of the de facto complainant as well.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.1889 of 2013 of the Perumbavoor Police Station and shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties 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 deposit `5,00,000/- (Rupees Five Lakhs Only) in his name in a nationalised bank for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
(c) In case compensation is awarded and petitioner is made liable, such compensation to the extent possible could be realised from the amount in deposit.
(d) Petitioner shall report to the Officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for a period of two months or until final report is filed, whichever is earlier.
(e) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(f) Petitioner shall not, during the period of this bail get involved in any offence.
(g) Petitioner shall not intimidate or influence the witnesses.
(h) In case of violation of any of condition Nos.(d) to (g), 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