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2013 DIGILAW 1035 (KER)

Haridas v. State of Kerala, represented by The Public Prosecutor, High Court of Kerala

2013-11-26

THOMAS P.JOSEPH

body2013
Judgment : 1. Petitioners are accused in Crime No.803 of 2013 of the Sreekrishnapuram Police station for the offences punishable under Secs.409, 420 and 201 read with Sec.34 of the Indian Penal Code, are in custody from 19.10.2013 and seek bail. 2. Learned Public Prosecutor has submitted that between 15.12.2011 and 1.10.2013 the petitioners and others pledged spurious gold ornaments with the S.B.T., Karimbuzha branch, made unlawful gain for them and caused unlawful loss to the bank to the tune of Rs.1.5 crores. 3. Learned counsel has submitted that the petitioners are in custody from 19.10.2013. Learned counsel also offered that the petitioners would file affidavits before the learned magistrate and before the Sub Registrar concerned that they will not dispose of or encumber their immovable properties until disposal of the case. 4. Since the petitioners are in custody from 19.10.2013 and their further detention is not required for investigation purpose, I am inclined to grant bail accepting suggestion of learned counsel for the petitioners. Resultantly, the application is allowed as under. Petitioners are granted bail in Crime No.803 of 2013 of the Sreekrishnapuram Police station and shall be released (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 learned magistrate and subject to the following conditions. (a) Bail bond shall be executed within three weeks from this day. (b) Petitioners, while executing the bail bond shall file affidavits before the learned magistrate detailing the immovable properties they own and undertaking that they shall not, until disposal of the case transfer in any manner or encumber the said properties. (c) Petitioners shall, within a week of their release on bail file such affidavit before the Sub Registrar within whose jurisdiction the properties are situated. (d) Petitioners shall report to the officer investigating Crime No.803 of 2013 of the Sreekrishnapuram Police station on every alternate Saturdays between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier (e) Petitioners shall report to the investigating officer as and when required for interrogation. (f) Petitioners shall not get involved in any offence during the period of this bail. (f) Petitioners shall not get involved in any offence during the period of this bail. (g) In case any of condition Nos.(c) to (f) 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).