These applications are filed by the accused Nos. 1 to 2 respectively, in Crime No.654 of 2014 of the Kadakkal Police Station for the offences punishable under Sections 418, 420 471 r/w Section 34 of the Indian Penal Code, are in custody from 10.05.2014 and seek bail.
2. Learned Public Prosecutor has opposed the applications. It is submitted that the petitioners cheated the de facto complainant making her believe that they are Revenue officials, that Rs.3 lakhs is allowed to her from the relief fund of the Chief Minister for treatment of her late husband and that for payment of that amount, Rs.1 lakh is required to be paid. Accordingly, the petitioners obtained Rs. 1 lakh from the de facto complainant and cheated her.
3. Learned counsel submits that without prejudice to the contentions the petitioners raised, they have paid Rs.1 lakh to the de facto complainant. An affidavit to that effect is filed in B.A.No.3590 of 2014.
4. Learned Public Prosecutor after contacting the investigating officer has submitted that Rs.1 lakh is paid to the de facto complainant.
5. In the light of the above and since further detention of the petitioners is not required, I am inclined to grant relief but subject to stringent conditions.
Applications are allowed as under:
(i) Petitioners are granted bail in Crime No.654 of 2014 of the Kadakkal Police Station and shall be released on bail, (if not required to be detained otherwise) on their executing bond for Rs.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) Petitioners shall report to the officer investigating the case on every alternate Saturday between 04.00 p.m and 05.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(b) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(c) Petitioners shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos. (b) to (d) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge