IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 557 of 2010() -------------------------------------- CRIME NO.338/2009 OF VARANTHARAPPALLY POLICE STATION ....... PETITIONER/ACCUSED NO.6 --------------------- ABDUL RASHEED,S/O.ABDUL KHADER, AGED 52 YEARS,RESIDING AT MUNDIPALAJINKAL HOUSE, PUNJARINGAL, PARAPANANGADI.P.O,MALAPPURAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,REP. BY CIRCLE INSPECTOR OF POLICE,VARANTHARAPPALLY POLICE STATION,THRISSUR DISTRICT. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No.557 of 2010 ------------------------------------ Dated this the 11th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.338/2009 of Varantharappally Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 420, 465, 471, 474, 475 and 476 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons in the case, six in number, were engaged in forging degree certificates of Calicut University and in distributing the same to several persons to facilitate them to go abroad and to seek other avenues. All the other accused were arrested. Still, the petitioner could not be arrested as he was absconding. The petitioner moved an application for anticipatory bail, which was dismissed by this Court. Only thereafter, the petitioner was arrested on 09.12.2009. The petitioner is in judicial custody since 09.12.2009. B.A. No.557 of 2010 2 4. The petitioner had filed Bail Application No. 7804/2009 for regular bail. That application was dismissed by the order dated 05.01.2010. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Irinjalakuda subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday for a period of two months and thereafter on alternate 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 surrender his passport before the Court of the Judicial Magistrate of the First Class, Irinjalakuda within a period of one week. If the petitioner does B.A. No.557 of 2010 3 not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. 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 ln