SHAJI SATHYAVRUTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in Crime No. 204/06 of Ernakulam Town South Police Station for offences punishable under Secs..406 and 420 I.P.C., seeks his enlargement on bail. Petitioner was arrested on 3-12-2006 in connection with Crime No. 38/96 of Harbour Police Station for a similar offence. His arrest in this case was formally recorded on 7- 12-2006.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application submitting inter alia that the allegation against the petitioner is that himself and his wife induced the de facto complainant to part with a sum of Rs. 1,50,000/- promising overseas employment.

(3.) Having regard to the fact that the petitioner was in custody from 3-12-2006 and and his police custody was also given for five days, I am inclined to grant bail to the petitioner, however, on conditions safeguarding the interest of the prosecution. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Addl. Chief Judicial Magistrate, Ernakulam, and subject to the following conditions:-