IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 902 of 2009() ---------------------------------- CMP.565/2009 of J.M.F.C.-II, ALUVA CRIME NO.326/2009 OF NEDUMBASSERY POLCIE STATION .................... PETITIONER/ACCUSED : ----------------------------- HAYA, D/O.ABDULLAH RASHID, 25 YEARS, NAHIMA, MANFOWA, FIYADH, SAUDI ARABIA BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT : ----------------- STATE OF KERALA (CRIME NO.326/2009 OF NEDUMBASSERY POLICE STATION), BY SUB INSPECTOR OF POLICE, NEDUMBASSERY AIR PORT STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.902 OF 2009 -------------------------------- Dated this the 20th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 419, 468, 471, 365 read with 34 of I.P.C. and 12(1)(b), (d) and (e) of Passport Act, 1967. According to prosecution, petitioner fell in love with the first accused, who is an Indian and she came along with him from Saudi Arabia to Kerala. She was arrested from the Nedumbassery Air Port, on the allegation that she was travelling with a fake passport. She was arrested on 10.02.2009 and she is in custody since then. 3. Learned counsel for petitioner submitted that the passport was arranged by the first accused and petitioner is innocent of the allegations made against her. Vice Consul, Royal Consulate General of Saudi Arabia has come forward and he has filed an affidavit stating that he is prepared and willing to abide by any condition to take petitioner on bail and make necessary travel arrangements for facilitating her journey back to Saudi Arabia etc. In such circumstances, it is B.A.No.902 of 2009 2 submitted that petitioner may be granted bail and that she is prepared to abide by any condition imposed by court. 4. Learned Public Prosecutor submitted that in the light of the undertaking, he has no objection in granting bail to petitioner, but conditions may be imposed, it is submitted. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. (ii) Within two days of release of petitioner, she shall appear before the S.P. of Police, Aluva and she shall take further directions from him regarding her stay, if any, in India and B.A.No.902 of 2009 3 the journey back to Saudi Arabia. (iii) Petitioner shall not leave the limits of the police station within which crime is registered, except with prior permission of learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac