IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1408 of 2010 CRIME NO.152 OF 2010 OF NEDUMBASSERRY POLICE STATION PETITIONER/ACCUSED -------------------------------------- PRASAD AGED 38 YEARS, S/O.NARAYANAN, KANNAPPASSERY HOUSE, VADANAPPILLY VILLAGE, NADUVILKARA PO, KUNNAMKULAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEDUMBASSERRY POLICE STATION. 3. DEPUTY SUPERINTENDENT OF POLICE, CBCID ALUVA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1408 OF 2010 ------------------------------------------------------ Dated this the 17th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.152 of 2010 of Nedumbasserry Police Station. 2. The offences alleged against the petitioner are under Sections 419, 468 and 471 of the Indian Penal Code and Section 12 (1)(b) and (d) of the Passport Act. 3. The petitioner was arrested on 28.1.2010 and he was remanded to judicial custody. 4. The prosecution case is that the petitioner came to Nedumbasserry Airport from Dubai. On verification of his baggage slip and boarding pass, they did not tally with his passport. The boarding pass and baggage slip contained the details regarding the Passport of one Suresh Patten. The allegation is that the petitioner B.A. NO. 1408 OF 2010 :: 2 :: boarded the aircraft at Dubai using the passport and other records relating to Suresh Patten. It is stated that the passport of the petitioner was shown in the Nedumbasserry Airport. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The petitioner had moved for bail before the Sessions Court, Ernakulam. That Bail Application was dismissed by the order dated 5.2.2010. The investigation has progressed much thereafter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class - II, Aluva, subject to the following conditions: B.A. NO. 1408 OF 2010 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/