IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1689 of 2010 CRIME NO.292 OF 2010 OF ALUVA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.2 ------------------------------------------- MICKLE, S/O.OUSEPH, PUTHUSSERY (H), CHUNANGUMVELY, ERUMATHALA, ALUVA. BY ADV. SRI.S.SUJIN RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, ALONGWITH B.A.NO.1711 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.1689 & 1711 OF 2010 ------------------------------------------------------ Dated this the 26th day of March, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner, Mickle, is the second accused in Crime Nos.292 and 307 of 2010 of Aluva Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. B.A.No.1689 of 2010 relates to Crime No.292 of 2010. The allegation in that case is that promising Visa to the daughter-in-law of the de facto complainant, a sum of Rs.4 lakhs was received by the accused persons from the de facto complainant. 4. B.A.No.1711 of 2010 relates to Crime No.307 of 2010. The allegation in that case is that promising Visa to the son of the de facto complainant, a sum of Rs.3 lakhs was taken from the de facto complainant. B.A. Nos.1689 & 1711 OF 2010 :: 2 :: 5. The petitioner was arrested on 2.2.2010 and he was remanded to judicial custody. 6. It is submitted by the learned Public Prosecutor that the first accused Sony George is involved in more than 50 crimes registered in different police stations throughout the State. The allegation is that he had received huge amounts promising Visa to several persons to go abroad. It is submitted that the petitioner is an agent of Sony George. 7. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- in each case 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: B.A. Nos.1689 & 1711 OF 2010 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 the Passport before the Court of the Judicial Magistrate of the First Class I, Aluva, within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week; 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 bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/