IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 Bail Appl..No. 5758 of 2007() ----------------------------- CRMP.3150/2007 of DISTRICT COURT, PALAKKAD CRIME NO.195/1996 OF NEMMARA POLICE STATION .................... : PETITIONER/ACCUSED NO.2 ---------------------------------------- SHERIN,S/O. LASAR, AGED 35 YEARS, CHEMANOOR HOUSE, PERAKAM,POOKODE, GURUVAYOOR, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: STATE ------------------ THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.5758 of 2007 ------------------------------------- Dated this the 25th day of September, 2007 ORDER Application for regular bail. The petitioner faces allegations under Sections 420 and 489 C I.P.C. He is the 2nd accused in the crime. The crux of the allegations is that the victim was fraudulently deceived to part with genuine currency notes on the promise that the currency notes shall be doubled. Fake/counterfeit currency notes were allegedly handed over by the accused. 2. Investigation is now complete. Final report has already been filed. The petitioner was absconding for a long time. He has now surrendered before the learned Magistrate. His application for bail was dismissed by the learned Magistrate and the learned Sessions Judge. The petitioner has come to this Court now with an application for grant of regular bail. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence was not wilful. He has been continuing in custody from 29.08.07. Subject to any appropriate conditions, the petitioner may be enlarged on bail, prays the learned counsel for the petitioner. B.A.No.5758 of 2007 2 4. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed to ensure that the petitioner shall be available for trial. 5. Having considered all the relevant inputs, I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 6. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Considering the peculiar facts and circumstances of this case, the learned Magistrate must ensure scrupulously that the sureties offered are sufficient and solvent; ii) The petitioner shall surrender his passport, if any, before the learned Magistrate. If he has no passport, an affidavit to that effect shall be filed before the learned Magistrate; iii) The petitioner shall report before the S.H.O of Nemmara Police Station on the first and third Sundays of all English Calendar months between 5 p.m and 6 p.m until the case against him is finally B.A.No.5758 of 2007 3 disposed of. The petitioner shall also inform the Investigating Officer of his place of residence. Subsequent changes, if any, shall also be communicated to the Investigating Officer promptly. (R.BASANT, JUDGE) rtr/-