IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3102 of 2009() ----------------------------- CRIME NO.999/09 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED NO.3 & 4 : ------------------------------------------------ 1. GUNASEKHARAN @ PRABU, (ACCUSED NO.3), S/O.V.KASINATHAN, AGED 35 YEARS, OLD NO.35, NEW NO.25, ARUMUGHAN STREET, OLD WASHERMANPET, CHENNAI-21. 2. NAGARAJAN, (ACCUSED NO.4), S/O.KRISHNASWAMI, 7/82, UPPUKACHIPATTY, PUTOOR VILLAGE, KUZHITALAI TALUK, KAROOR DISTRICT, CHENNAI. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): COMPLAINANT & STATES ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3102 of 2009 ------------------------------ Dated this the 11th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.999 of 2009 of Central Police Station, Ernakulam. 2. The offences alleged against the petitioners are under Sections 468, 471 and 511 of 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 2.5.2009, the accused persons, seven in number, went to Paul Alukkas Jewellery and tried to purchase gold ornaments worth Rs.1,33,000/- using fake credit cards. 4. The learned public prosecutor submitted that on search of the vehicle in which the accused persons were travelling, 30 fake credit cards, 9 forged PAN cards, 12 forged driving licenses and 6 mobile phones were seized. The petitioners were arrested on 4.5.2009 and they are in judicial custody since then. The learned public prosecutor also submitted that the investigation is not over. Accused numbers 1 and 2 were interrogated on getting custody as per the order of the court. BA No.3102/2009 2 5. The learned counsel for the petitioners submitted that the investigating agency has correctly verified the address of all the accused persons in Tamil Nadu. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their depositing a sum of Rs.1,00,000/- each before the chief Judicial Magistrate's Court, Ernakulam and also on condition of their furnishing security in the form of two solvent sureties for Rs.1,00,000/- each to the satisfaction of the chief Judicial Magistrate, Ernakulam. The sureties shall be persons belonging to either Ernakulam or Thrissur District, owning immovable properties in any of those districts. The title deeds in respect of the properties shall be produced before court for verification. They shall also produce possession certificates in respect of the properties and also solvency certificates. The grant of bail shall also be subject to the following conditions; a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; BA No.3102/2009 3 b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 csl