IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6527 of 2011() ----------------------------- (CRIME NO.1703/2011 OF ALUVA POLICE STATION) CMP.927(A)/2011 of J.M.F.C.-I, ALUVA .................... PETITIONER ------------------------------ P.S.ALIKUNJU, AGED 42, S/O. SAIDU, PARUTHIKKAL HOUSE, VADACODU P.O., KANGARAPADI, KOCHI-21. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, ALUVA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PP V TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6527 OF 2011 --------------------------------- Dated this the 20th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.1703 of 2011 of Aluva Police Station. 2.The offences alleged against the petitioner are under Sections 406 and 420 read with 34 of the Indian Penal Code. 3.Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The petitioner was arrested on 27.6.2011 and he is in judicial custody since then. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage B.A.No.6527 OF 2011 2 of investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva, 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 and Thursdays for two months and thereafter on 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 surrender his Passport before the Court of the Judicial Magistrate of the First Class-I, Aluva. If the passport is seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on B.A.No.6527 OF 2011 3 bail. F) 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 cms