IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8292 of 2011() -------------------------- CMP.4193/2011 of C.J.M.,KASARAGOD CRIME NO.562/2011 OF KUMBALA POLICE STATION KASARAGOD DISTRICT .................... PETITIONERS:ACCUSED -------------------- 1. SUBEESH.M, S/O.LATE NANU KOLOTH POIKAYIL HOUSE, P.O.ORUVATTY, ERUVATTY VILLAGE, KAYALOD, KATHIROOR P.S., THALASSERY KANNUR DISTRICT. 2. BAIJU, S/O.RAJAN, VATTAPPARA HOUSE P.O.MOORIYAD, KOOTHUPARAMBU VILLAGE, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. 2. THE STATION HOUSE OFFICER CRIME NO.562 OF 2011 KUMBALA POLICE STATION KASARAGOD 671 321. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8292 of 2011 ---------------------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.562 of 2011 of Kumbala Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 24/09/2011 at about 5.30 A.M., the police on patrol duty found that sand was being transported in a lorry driven by the first accused. On inspection it was found that sand was being transported as if it was from Karnataka State. It was revealed that the documents were forged ones. 4. The learned counsel for the petitioners submitted that the petitioners are driver and cleaner of the vehicle and they were not involved in the forging of documents. It is submitted that they were transporting the sand bona fide believing that the documents were genuine documents. Bail Appln.No.8292/2011 : 2 : 5. Taking into account the facts and circumstances of the case and particularly taking note of the fact that the petitioners are driver and cleaner of the lorry and there is no allegation that they forged the documents, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod, 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; 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. Bail Appln.No.8292/2011 : 3 : 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 skj True copy P.A. to Judge