IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4439 of 2009() ----------------------------- CRIME NO.984/09 OF KALAMASSERY POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------------------------ SANJU MUHAMMEDALI,AGD 39, S/O.MUHAMMEDALI,FLAT NO.A2,2ND FLOOR,PLATINUM FLATS,PALACHUVADU, KAKKANAD. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- CIRCLE INSPECTOR OF POLICE,KALAMASSERY POLICE STATION,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4439 of 2009 --------------------------------------------- Dated this the 7th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.984 of 2009 of Kalamassery Police Station. 2. The offences alleged against the petitioner and the other accused persons are under Sections 471 and 468 of the Indian Penal Code and Section 12(1)(b) of the Passport Act. 3. On 30.6.2009, the police checked the vehicle in which the petitioner was travelling. The police found two passports with the petitioner. One was the original passport and the other was the one obtained by the petitioner giving false address. The other accused persons in the case are persons who arranged for procurement of the second passport. The petitioner was arrested on 30.6.2009 and he was remanded to judicial custody. 4. Bail Application No.4106 of 2009 filed by the petitioner was dismissed on 27th July 2009. 5. On 29th July 2009, bail was granted to the third accused as per the order in B.A.No.4144 of 2009. It is submitted BA No.4439/2009 2 by the learned counsel for the petitioner that all the other accused in the case were arrested and they were granted bail. 6. Learned public prosecutor submitted that the petitioner is involved in two other criminal cases involving serious offences and if at all the petitioner is to be granted bail, it could be only on stringent conditions. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Tuesday and Saturday, 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; BA No.4439/2009 3 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 csl