IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3585 of 2011 ----------------------------- CRIME NO. 615/2011 OF CHERANELLOOR POLICE STATION, ERNAKULAM DISTRICT .................. PETITIONER/ACCUSED No.2: -------------------------------- ASHRAF, AGED 27 YEARS, S/O.KUNJUMON, KOOTTINKAL HOUSE, KATHIKADU DESOM, PUNNIYURKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.A.NAVAS RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REP. BY GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.LATHA THANKAPPAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3585 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of May,2011 O R D E R Petitioner is the 2nd accused in Crime No. 615/2011 of Cheranalloor Police Station, Ernakulam District. Petitioner was arrested on 23.03.2011. His bail application was dismissed by the trial Court. Since 23.03.2011 he has been in judicial custody, considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on them, the accused is granted bail subject to the following conditions: 1. The accused shall execute a bond for Rs.3 lakhs with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate Court- II, Ernakulam. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the B.A. No. 3585 of 2011 -:2:- sureties. 2. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 3. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. 4. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 5. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court-II, Ernakulam without the prior permission of the learned Magistrate. 6. The learned Magistrate will also ensure the identity B.A. No. 3585 of 2011 -:3:- of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc. 7. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. The Bail Application is allowed as above. N.K. BALAKRISHNAN, JUDGE ttb