ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure, 1973.

2. Petitioner is the 2nd accused in Crime No.1182/2017 of Kadavanthara Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 406, 420 r/w Section 34 of the Indian Penal Code, 1860.

3. According to the prosecution, the accused had induced the defacto complainant and her husband to pay an amount of Rs.5,65,414/- after giving a false promise of arranging a job at Singapore and thereafter failed to arrange the job or return the money and thereby committed the offences alleged.

4. Sri.Vishnu Das., learned Counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 07.11.2022 and has been in custody since then.

5. Smt.C.Seena, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the prosecution allegations are serious and that since the investigation is still continuing, petitioner ought not to be released on bail.

6. I have considered the rival contentions.

7. Having regard to the nature of allegations and also the period of detention already undergone, I am of the view that petitioner can be released on bail on the following conditions:

(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each, for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating OfÏcer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF BAIL APPL. 10047/2022 PETITIONER ANNEXURES Annexure1 THE CITIZEN COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1182/2017 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT DATED

06.08.2017 Annexure A2 THE TRUE COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO. 1182/2017 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT Annexure A3 THE TRUE COPY OF THE REMAND REPORT OF THE ACCUSED NO.2/PETITIONER HEREIN IN CRIME NO.

1182/2017 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT Annexure A4 THE TRUE COPY OF THE ORDER IN C.M.P NO.5220/2022 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII IN CRIME NO. 1182/2017 OF KADAVANTHARA POLICE STATION, ERNAKULAM DISTRICT DATED 18.11.2022 Annexure A5 THE CERTIFIED COPY OF THE ORDER IN CRL.MC NO.2748/2022 OF THE HON'BLE COURT OF SESSION, ERNAKULAM DIVISION DATED 03.12.2022