IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3589 of 2009 CRIME NO.454 OF 2009 OF CHERANELLOOR POLICE STATION PETITIONER/ACCUSED NO.4 (IN CUSTODY) -------------------------------------------------------- ANIL JOSE, S/O.SIMON, LTG-572, VILAYIL VEETTIL, 2ND CROSS ROAD, PANAMPILLY NAGAR, KADAVANTHRA, ELAMKULAM, KANAYANNUR TALUK. BY ADV. SRI.MILLU DANDAPANI RESPONDENT: STATE -------------------- STATE OF KERALA, (CRIME NO. 454/2009 OF CHERANELLUR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3589 OF 2009 ------------------------------------------------------ Dated this the 1st July, 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.4 in Crime No.454 of 2009 of Cheranelloor Police Station. 2. The offences alleged against the petitioner along with the other accused are under Sections 419, 420, 465, 468, 469 and 120B of the Indian Penal Code. 3. The crime was registered on the basis of a complaint filed by the de facto complainant before the Judicial Magistrate of the First Class – II, Ernakulam, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. The complaint was filed against two persons, who are now arrayed as accused Nos.1 and 2. The de facto complainant alleged that huge amounts were taken from him promising high return of interest and that he was defrauded by the accused. It was also stated in the complaint that the first accused had used fake passport. During investigation, it was revealed that the petitioner was also involved in the matter of B.A. NO. 3589 OF 2009 :: 2 :: procuring the passport in question. The petitioner was arrested on 29.5.2009 and he is in judicial custody. 4. Today, as per the order in B.A.No.3523 of 2009, regular bail was granted to the first accused. 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 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Ernakulam, 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; B.A. NO. 3589 OF 2009 :: 3 :: 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 ahz/