IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 499 of 2009() ---------------------------------- CMP.132/2009 of J.F.C.M.., PONNANI CRIME NO.67/2009 OF PONNANI POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- ULLAS, S/O.HARIDASAN, KAITHAMANAKALATHIL HOUSE, PONNANI AMSOM, KADAVANAD DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.M.AJAY RESPONDENTS/STATE AND COMPLAINANT : ----------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PONNANI POLICE STATION, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.499 OF 2009 -------------------------------- Dated this the 3rd day of February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Sections 420 I.P.C. and 12(b) of Indian Passport Act. According to prosecution, a crime was registered against petitioner under the above sections on the strength of an e-mail on the ground that petitioner has cheated certain banks in U.A.E. and transferred money to the banks in Trichur. He has also allegedly used two passports in his name in different addresses. 3. Learned counsel for petitioner submitted that the crime is registered on the basis of a pseudonymous e-mail. Petitioner reasonably believe that it is sent by a business associate, who is on enimical terms with petitioner. He had sent similar e-mail in the same name to the U.A.E. police and they conducted investigation and the matter was closed. Thereafter, the same message was sent to the Additional Director General of Police, Kerala and a crime was registered against petitioner. Petitioner is absolutely innocent of the allegations made. It is also submitted that petitioner has only B.A.No.499 of 2009 2 one passport and he surrendered the same before the police. Even if the offence is under Section 12(b) of Indian Passport Act, it is a bailable offence. Petitioner was arrested on 22.01.2009 and he is in custody since then on the basis of frivolous allegations. 4. Learned Public Prosecutor submitted that an investigation was caused to be conducted by the Special Branch on getting the e-mail. Petitioner has used two passports and he had allegedly cheated the U.A.E. Bank and hence, the crime was registered. But, on investigation it is revealed that the allegation of cheating is not correct. The investigation regarding the use of two passports is in progress, it is submitted. In the above circumstances, he has no objection in granting bail to petitioner but it is submitted that he may be directed to surrender both his passports. On hearing both sides, I am satisfied that petitioner can be granted bail on conditions and the following order is passed: Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent B.A.No.499 of 2009 3 sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. (ii) Petitioner shall surrender the passports if any, in his possession or file an affidavit relating to the passports standing in his name before the Magistrate court within seven days from the date of release on bail. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac