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. 3523 of 2009() ----------------------------- CRIME NO.454/2009 OF CHERANELLOOR POLICE STATION PETITIONER (S): ACCUSED NO.1: --------------------------------- SREEKUMAR, S/O.SUNDARESAN, VELIYATH HOUSE, SOUTH CHITTOOR, COCHIN 27. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SUBHASH CHAND RESPONDENT(S): STATE & PUBLIC PROSECUTOR: ----------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION, CHERANELLOOR, ERNAKULAM DISTRICT. 2. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3523 of 2009 ----------------------------------- Dated this the 1st day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.454 of 2009 of Cheranelloor Police Station. 2. The offences alleged against the petitioner are under Sections 419, 420, 465 and 468 read with section 12 of the Passports Act. The petitioner was arrested on 28.5.2009 and he is in judicial custody. 3. The gist of the allegation is that the petitioner Sreekumar obtained another Indian Passport under the name Biju Gopalan and conducted a partnership business with his wife as partner in Dubai. It is alleged that the petitioner promised high returns to the defacto complainant, in case money is invested in his business concern. Accordingly, the defacto complainant invested a sum of Rs.65.38 lakhs in the business concern run by the first accused along with his wife. It is also alleged that few cheques were given as a security. The cheques were also dishonoured. Originally, the defacto complainant filed a complaint before the Magistrate's court which was forwarded to the BA No. 3523/2009 2 police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. During investigation, it was revealed that a second passport was obtained by the petitioner forging certain documents with the help of the accused Nos.3 to 5. Those persons were also included as the accused persons. The investigation is going on. 4. The learned counsel for the petitioner submitted that the petitioner is suffering from diabetes, dyslipidemia and non alcoholic fatty liver disease. A certificate dated 19th June 2009 issued by Jothydev's, Diabetes & Research Centre, Thiruvananthapuram, is also produced in support of the contention. 5. The petitioner is in judicial custody since 28.5.2009. The investigation has progressed to a great extent. Learned counsel for the petitioner submitted that in so far as the monetary transactions between the defacto complainant and the petitioner are concerned, they have reached at a consensus as to the amount to be paid to the defacto complainant. 6. 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. BA No. 3523/2009 3 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- 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; 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 csl