IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7027 of 2009() --------------------------------------- CRIME NO. 752/2002 OF KASARAGOD POLICE STATION, KASARAGOD PETITIONER/ACCUSED NO.1: ------------------------------------------- K.N.SIBI @ SIBI, AGED 40 YEARS, S/O.KUMARAN, RESIDING AT KUNAMPATHALIL HOUSE, CHUNDA, PULINGOM, PULINGOM GRAMAM, CHERUPUZHA. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/ STATE: ----------------------------------- STATION HOUSE OFFICER, KASARAGOD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7027 of 2009 ------------------------------------ Dated this the 1st day of December, 2009 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.1 in Cr. No.752/2002 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 419, 420 and 120B of the Indian Penal Code. 3. One Abdul Khader, who was involved in a Sessions Case, was released on bail. Later, he did not appear before court. Bail bonds were cancelled and notices were issued to the sureties. So called sureties appeared before court and stated that they never stood as sureties. The prosecution case is that the accused persons conspired together and by impersonation, two persons stood as sureties as if they were the persons shown as sureties as per records. 4. The petitioner was arrested on 23/10/2009 and he was remanded to judicial custody. 5. As per the order dated 17/11/2009 in B.A. No.6731 of 2009, bail was granted to accused No.2. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 7027/ 2009 2 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. 7. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod subject to the following conditions:- A) 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. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 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 Application is allowed as above. K.T. SANKARAN, JUDGE scm