IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Bail Appl..No. 2069 of 2011() ----------------------------- CRIME NO.976/2010 OF THAMPANOOR POLICE STATION CMP.537/2011 of J.M.F.C.-III,TRIVANDRUM .................... PETITIONER:ACCUSED ------------------------------ HAYARULLA FAISER,S/O.HAYARULLA, PREMAMANDAKAVATHU HOUSE NO.49/KERELANKAPOKKANAM, COLOMBO STATE,SRILANKA, BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT: --------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION(INVESTIGATION OFFIER IN CR.NO.976/2010)REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.2069 of 2011 ----------------------------------------------------- Dated this the 21st day of March, 2011 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in Crime No.976 of 2010 of Thampanoor Police Station for offences punishable under Sections 406, 420, 465, 468, 471 & 419 I.P.C. and Section 10 read with Section 24 of Emigration Act, 1983, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is a Sreelankan citizen had altogether collected `5,70,000/- (Rupees Five lakhs Seventy thousand) promissing them employment in Seychelles Island. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 28/03/2011 on his executing a bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties (each of whom shall furnish solvency certificate for the said amount) each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. Bail Appln.No.2069/2011 : 2 : 2. The petitioner shall not go beyond the limits of Thiruvananthapuram district except with the prior written permission of the Magistrate concerned. 3. The petitioner shall surrender his passport before executing the bail bond. 4. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 21st day of March, 2011. V.RAMKUMAR, JUDGE. skj