IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7150 of 2011 CRIME NO.1401 OF 2010 OF KADAKKAL POLICE STATION, KOLLAM. PETITIONER/ACCUSED-A2 ----------------------------------------- ASHOK KUMAR,S/O.VISWANATHAN, CHANDRIKA SADANAM,MOOLABOUNDER, THUDAYANNUR MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7150 of 2011 ------------------------------------------------------ Dated this the 22nd day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1401 of 2010 of Kadakkal Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code and Section 12(1)(b) of the Passport Act. 3. The allegation is that Passport was obtained by accused No.1 by submitting false verification reports. The petitioner was the Grade Sub Inspector of Police, who conducted the verification. 4. When the Bail Application came up for admission on 6th September, 2011, the following order was passed: Bail Appl. NO.7150 OF 2011 :: 2 :: “The learned counsel for the petitioner submitted that if the petitioner is given an opportunity to appear before the investigating officer, he would be able to show to the satisfaction of the investigating officer that he is innocent. It is submitted that there may also be a direction not to arrest the petitioner. 2. In the facts and circumstances of the case, there will be a direction to the petitioner to appear before the investigating officer on 14th and 15th September, 2011. 3. Post on 22nd September, 2011. 4. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1401 of 2010 of Kadakkal Police Station, Kollam District, till 23rd September,2011. 5. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 6. It is made clear that the direction to appear would not entitle the petitioner to claim the relief of anticipatory bail as of right. The petitioner shall produce a copy of this order before the investigating officer.” Bail Appl. NO.7150 OF 2011 :: 3 :: 5. The learned Public Prosecutor petitioner submitted that the petitioner is involved in two other cases of similar nature also. 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 6th September, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 6th September, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; Bail Appl. NO.7150 OF 2011 :: 4 :: b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/