IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3218 of 2009 CRIME NO.454 OF 2009 OF THE CHERANELLOORE POLICE STATION PETITIONER: 5TH ACCUSED: -------------------- KUNJUMOIDHEEN, AGED 80 YEARS, S/O.MUHAMMED, KANNANTHILATH VEETTIL, NEAR KATTOOR POLICE STATION, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.R.PADMARAJ RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3218 OF 2009 ------------------------------------------------------ Dated this the 17th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.454 of 2009 of Cheranelloor Police Station. 2. The offences alleged against the petitioner are under Sections 419, 420, 465, 468, 469 and 120(B) of the Indian Penal Code and Section 12 of the Passport Act. The petitioner was arrested on 30.5.2009 and he is in judicial custody. The de facto complainant filed a complaint before the Judicial Magistrate of the First Class II, Ernakulam, against accused Nos.1 and 2, alleging that the complainant and another invested an amount of Rs.65.38 lakhs in a financing company run by accused Nos.1 and 2, expecting high returns. However, the amount was not returned on request and the complainant was threatened by accused Nos.1 and 2. It was alleged that the first accused Sreekumar had obtained a passport in the name of one Biju Gopalan and this was done with the intention of cheating the investors. 3. During investigation, it was revealed that accused No.1, though B.A. NO. 3218 OF 2009 :: 2 :: he was having a passport, obtained a second one from the Passport Office, Ernakulam, as if he is Biju Gopalan. Accused Nos.3 to 5 are the persons who are alleged to have fabricated the necessary documents for the purpose of getting the second passport in the name of Biju Gopalan in favour of the first accused as if he is Biju Gopalan. The petitioner was arrested on 30.5.2009 and he is in judicial custody. Learned Public Prosecutor opposed the Bail Application stating that the investigation is at the initial stage. 4. Learned counsel for the petitioner submitted that the petitioner is aged 80. He is residing at Kattoor in Mukundapuram Taluk. 5. Taking into account the advanced age of the petitioner and the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rupees One lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Ernakulam, subject to the following conditions: B.A. NO. 3218 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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/