IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1835 of 2008() ----------------------------- CRIME NO. 357/06 OF TAMPANOOR POLICE STATION CMP.1685/2008 of J.M.F.C.-III,TRIVANDRUM .................... PETITIONER/3RD ACCUSED --------------------------------------- SALIM MAN @ SHAJI, S/O.MUTHUNAYAKOM AYANTHITHOTTAM VEEDU, HOUSE NO.6667, PULLANTHERI, KARAKKONAM, KANNUTHUKAL VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1835 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R Application for regular bail. The petitioner is the third accused. Altogether there are five accused persons. They face allegations for offences punishable, inter alia, under Sections 468 and 471 I.P.C. The crux of the allegations against the petitioner is that he, along with the co-accused, was engaged in the culpable activity of forging tax receipts in order to facilitate procuring of sureties to secure bail for accused persons. He was arrested in some other crime. His arrest in this case was recorded on 29.1.2008. He continues in custody from that date. Investigation is not complete. The learned Prosecutor fairly concedes that there is no prospect of the investigation being completed by 29.3.2008, by which date the period of 60 days shall elapse and the petitioner shall be entitled for bail by default. 2. I am satisfied, in these circumstances, that the petitioner can now be directed to be enlarged on bail w.e.f. 29.3.2008. In B.A.No. 1835 of 2008 2 the absence of opposition to that course, it is not necessary for me to advert to facts in any greater detail. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 29.3.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 for a period of two months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm