IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5475 of 2009() ----------------------------- CRIME NO.338/2009 OF VARANDARAPPILLY POLICE STATION PETITIONER (S): 2ND ACCUSED: -------------------------------- KHALID, AGED 42 YEARS, S/O.ALI, KOPPILAKKAL HOUSE, VELUPADAM POUND, VARANDARAPPILLY, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT: --------------------------- THE SUB INSPECTOR OF POLICE, VARANDRAPPILLY, THRISSUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, ALONG WITH BA NO. 5455 OF 2009 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- B.A.Nos.5455, 5475, 5529 & 5652 of 2009 ---------------------------------------------- Dated this the 29th day of September, 2009 ORDER Bail Application No.5475 of 2009 is filed by the second accused, while Bail Application No.5455 of 2009 is filed by the third accused, Bail Application No.5652 of 2009 is filed by the fourth accused and Bail Application No.5529 of 2009 is filed by accused Nos.1 and 5 in Crime No.338 of 2009 of Varandarappilly Police Station. 2. The offences alleged against the petitioners are under Sections 465, 471, 474, 475 and 476 read with Section 34 of the Indian Penal Code. 3. Accused Nos.1, 2 and 3 were arrested on 13.8.2009. Accused Nos.4 and 5 were arrested on 14.8.2009. The petitioners moved Bail Applications earlier. Those Bail Applications were dismissed by the order dated 10th September 2009. Along with those Bail Applications, the request of accused No.6 for anticipatory bail was also considered. The application for anticipatory bail filed by the sixth accused was also BA Nos 5455/2009 & conn. 2 dismissed. Even now accused No.6 is not arrested. 4. The allegations made against the accused persons are grave. The allegation is that they procured a forged degree certificate for a needy person for the purpose of making use of the same abroad to secure a better job. Each and every accused had his own role to play in the offence. The facts and circumstances would also disclose that the racket operating in the lines having its roots in Malappuram, Palakkad, Thrissur and Kozhikode Districts is involved in the offence. 5. In spite of the fact that the application for anticipatory bail filed by the sixth accused was dismissed, the investigating agency could not arrest him. There is no reason why accused Nos.1 to 5 should be detained further. I am of the view that they can be released on bail on stringent conditions. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. BA Nos 5455/2009 & conn. 3 The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-Irinjalakuda, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl