IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6235 of 2010() ------------------------- CRIME NO. 466/CR/S1/04 OF C.B.C.I.D. OCW-1, THIRUVANANTHAPURAM IN CRIME NO. 627/2004 OF VENJARAMOODU POLICE STATION ............................................ PETITIONER / ACCUSED: ----------------------------------- SAGIR, S/O.ABDUL AZIZ, (A5), PERUTHARA HOUSE, PUTHIYAKAVU, MATHILAKAM PANCHAYATH, PAPPINIVATTOM VILLAGE, THRISSUR DISTRICT. BY ADV. SMT. O.H. NAZEEBA RESPONDENT / COMPLAINANT: -------------------------------------------- THE STATE OF KERALA (REPRESENTED BY THE DETECTIVE INSPECTOR, C.B.C.I.D.OCWI TRIVANDRUM - THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6235 of 2010 ------------------------------------------------ Dated this the 8th day of October, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is accused No.5 in Crime No.466/CR/S1/2004 of C.B.C.I.D. OCW-1 Thiruvananthapuram for offences punishable under Sections 489(B)(C) & 120(B) read with Section 34 I.P.C. and Section 12(i) of Indian Passport Act, seeks his enlargement on bail. The petitioner was arrested on 3/9/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner had taken Rs.1,85,000/- in the form of fake notes from A1 and had given back genuine currency worth Rs.1,00,000/- as confessed by A1. But no fake notes or other incriminating material has been recovered from (A5) the petitioner. 3. Since the only material against the petitioner is the statement by A1 and no incriminating material has been recovered from the petitioner who was arrayed only six years after the occurrence I am inclined to grant bail to the petitioner but with effect from a future date. Bail Appln.No.6235/2010 : 2 : 4. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 18/10/2010 on his executing a bond for Rs.30,000/- (Rupees Thirty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangadu and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. Bail Appln.No.6235/2010 : 3 : If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj