IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7071 of 2009() ----------------------------- CRIME NO.1965/2009 OF NEDUMBASSERY POLICE STATION, ERNAKULAM .................... PETITIONER/ACCUSED -------------------------------------- CHANDRAN.T.V, AGED 37 YEARS, S/O.PAKKEERAN, USHAS HOUSE, VALAPOTH KARA, PARAVANADUKAM P.O., CHEMMANAD PANCHAYAT, KASARAGOD DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. THE S.H.O., NEDUMBASSERY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7071 of 2009 --------------------------------------------- Dated this the 1st day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1965 of 2009 of Nedumbassery Police Station. 2. The offences alleged against the petitioner are under Sections 12(1)(b) & (d) of the Passport Act and Sections 419, 468 & 471 of the Indian Penal Code. 3. The petitioner was arrested on 19.11.2009 at Nedumbassery Airport while he came back from Dubai. The petitioner was remanded to judicial custody. 4. It would appear that an Indian passport was issued to the petitioner in the year 1992. He was employed in Dubai. Due to economic recession, he lost his job in Dubai. However, his employer did not release the passport of the petitioner. The petitioner got the passport of one Vinod, changed the photograph therein and affixed the photograph of the petitioner in that place and thus, forged a passport. Using that passport, he came to India. At that time, he was arrested. It is stated that the petitioner came to India on getting the news that his wife had undergone a surgery. BA No.7071/2009 2 5. 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. The petitioner shall be released on bail on his executing bond for Rs.15,000/- 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 all Mondays, 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; 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