Petitioner is the 4th accused in Crime No. 426 of 2014 of the Kasaragod Police Station for the offence punishable under Section 395 of the Indian Penal Code, is in custody from 25.05.2014 and seek bail.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. Learned Public Prosecutor has opposed the application. It is submitted that on 25.04.2014 the petitioner brought the de facto complainant who is familiar to her to Kasaragod and therefrom he was taken to a room where photographs of the de facto complainant in nude was taken, Rs. 17,000/-, a watch and mobile phone were forcibly taken form the de facto complainant and he was asked to pay Rs.8,00,000/.
4. It is seen that some of the accused in the case are released on bail. Further detention of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.426 of 2014 of the Kasaragod Police Station and shall be released on bail ( if not required to be detained otherwise) on her executing bond for Rs.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 Rs.5,000/- (Rupees five thousand only), in a Nationalized /Scheduled Bank/Co-operative Society in her name intially for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioner and she is made liable to pay compensation to the defacto complainat, such compensation to the extent possible could be realized from the amount in deposit.
(d) Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and place.
(e) Petitioner shall not get involved in any offence during the period of this bail.
(f) Petitioner shall not intimidate or influence the witnesses.
(ii) In case the petitioner violates any of condition Nos.
(d) to (f), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge