IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 8941 of 2011() ----------------------------- IN CRIME NO. 760/2008 KADAKKAL POLICE STATION PETITIONER (S): ------------------------- ASHOK KUMAR, S/O.VISWANATHAN, CHANDRIKA SADANAM, MOOLABOUNDER, THUDAYANNUR MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K.K. RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8941 of 2011 ---------------------------------------------- Dated this the 30th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.760 of 2008 of Kadakkal Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 12(b) of the Indian Passport Act. 3. When the Bail Application came up for admission on 18th November, 2011, the following order was passed: “3. The allegation is that accused No.1 got a fake passport in the name of one Siddique as if the first accused was Siddique. Accused No.1 went abroad using the fake passport. The allegation against the petitioner is that, he conducted the verification before granting the passport. The petitioner was working as Assistant Sub Inspector of Police B.A.No.8941 OF 2011 2 and he was authorised to conduct the verification. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 24/11/2011 and 25/11/2011. 5. Post on 30/11/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.760 of 2008 of Kadakkal Police Station, till 02/12/2011. 7. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 18th November, 2011 has been complied with by the petitioner. 3. 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 18th November, 2011 B.A.No.8941 OF 2011 3 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 report before the investigating officer between 9 A.M and 11 A.M on alternate Sundays, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.8941 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms