IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7143 of 2011() ----------------------------- CRIME NO.767/2010 OF ERAVIPURAM POLICE STATION KOLLAM DISTRICT PETITIONER/ACCUSED : ---------------------- BENEDICT FERNANDEZ, AGED 51 YEARS, S/O.ANTONY, ST.MARY'S LAND, KULANGARA VEEDU, MURUKKUMPUZHA, VELLOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7143 of 2011 ---------------------------------------------- Dated this the 05th day of September, 2011 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.767 of 2010 of Eravipuram Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 465, 468, 471 and 120-B of the Indian Penal Code and Section 12(1)(a) of the Passport Act. 3. The prosecution case is that suppressing the existence of a passport, the petitioner applied for another passport in the name of another person and produced forged documents for that purpose and thus obtained a second passport. On verification, it was found that the documents produced by the petitioner were forged. The petitioner was arrested on 20/08/2011 and he was remanded to judicial custody. 4. The learned Counsel for the petitioner submitted that accused Nos.6 and 9, who surrendered before the Bail Appln.No.7143/2011 : 2 : Investigating Officer and who were arrested and produced before court, were granted bail. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam, subject to the following conditions: A) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class-II, Kollam If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. B) 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; Bail Appln.No.7143/2011 : 3 : C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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