IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 10191 of 2011 CRIME NO.200/CR/11 OF CBCID (EOW-III), KOZHIKODE. CRIME NO.194 OF 2011 OF PANAMARAM POLICE STATION. PETITIONERS : ACCUSED NOS.2 AND 3: ------------------------------ 1. ABDUL ARSHAD,S/O.SYED MUHAMMED, KOUSALLAYA NAGAR, DESABHIMANI ROAD, ELAMAKKARA, COCHIN, ERNAKUALM DISTRICT. 2. P.T.KUNHUMUHAMMED, S/O.KUNHALAN, POOVANTHODI HOUSE, VATTALLUR, MAKKARAPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE” --------------- THE STATE OF KERALA REP.BY THE DETECTIVE INSPECTOR, C.B.C.I.D.(EOW-III)KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031 ADDITIONAL DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, ALONGWITH B.A.NOS.10204 AND 10207 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. Nos.10191, 10204 and 10207 of 2011 --------------------------------------------------------- Dated this the 7th day of December, 2011 O R D E R These Bail Applications are filed by Abdul Arshad and P.T.Kunhumuhammed, under Section 439 of the Code of Criminal Procedure. They are accused Nos.2 and 3 in Crime Nos.194 of 2011, 205 of 2011 and 202 of 2011 of Panamaram Police Station, which were renumbered respectively as Crime No.200/CR/11, Crime No.467/CR/11 and Crime No.466/CR/11 of CBCID (EOW-III), Kozhikode. 2. The petitioners filed B.A.Nos.10047, 10048 and 10049 of 2011 under Section 439 of the Code of Criminal Procedure. It is submitted that those Bail Applications were closed on 2.12.2011 on the ground that bail was granted to the petitioners by the court below. The learned counsel for the petitioners submitted that, on further verification, it was found that the petitioners were not granted bail in those crimes and they are still in judicial custody in those B.A. NO.10191, 10204 & 10207 OF 2011 :: 2 :: cases. This necessitated filing of the present Bail Applications under Section 439 of the Code of Criminal Procedure. 3. The offences alleged against the accused are under Section 420 of the Indian Penal Code and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978). 4. In all the above three cases, the petitioners were arrested on 2.7.2011. 5. As per the order dated 24th November, 2011, 58 Bail Applications were disposed of by this Court. Out of the 58 cases, 12 cases were closed on the ground that bail was granted to the petitioners by the court below. 46 cases were allowed and bail was granted to the petitioners with effect from 6.12.2011. On the same reasoning made in the order dated 24th November, 2011, in the present Bail Applications also the petitioners are entitled to be released on bail. B.A. NO.10191, 10204 & 10207 OF 2011 :: 3 :: 6. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each in each case with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: a) The petitioners shall report before the Deputy Superintendent of Police, CBCID EOW-III, Kozhikode between 9 A.M. and 11 A.M. on all Mondays, until final reports are filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall surrender their Passports before the Deputy Superintendent of Police, CBCID EOW-III, Kozhikode. If the Passports have already been seized or surrendered, the petitioners shall file an affidavit indicating the same before the Court having jurisdiction, where they are bound to execute the bond for getting bail as aforesaid; d) The petitioners shall not leave the State of Kerala without the permission of this Court; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. NO.10191, 10204 & 10207 OF 2011 :: 4 :: These Bail Applications are allowed in the manner indicated above. (K.T.SANKARAN) Judge ahz/