IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3783 of 2011() ----------------------------- CR No.875/2011 OF ALUVA POLICE STATION .................... PETITIONER/1ST ACCUSED ------------------------------------------ ABDUL RAZAK, AGED 41 YEARS, S/O. KUTTY, RESIDING AT PERUMBATTU HOUSE, NALAM MILE, ERUMATHALA, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION (INVESTIGATING OFFICER IN CR.NO.875/2011 OF ALUVA POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-682 011. PUBLIC PROSECUTOR S.U.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ------------------------------- B.A.No.3783 of 2011 -------------------------------- Dated this the 20th day of May, 2011 ORDER Petitioner is the first accused in CR No.875 of 2011 of Aluva Police Station. It was registered under Section 420 read with Section 34 IPC. Petitioner has been in judicial custody from 18.4.2011 onwards. His bail application was dismissed by the trial Court. 2. The material allegation is that this petitioner and others were having in their possession mobile phones, driving licences, electoral identity cards, copies of passports, stamp papers etc. belonging to different persons and those documents were used by them to commit cheating. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. B.A.No.3783 of 2011 2 5. Since 18.4.2011, the petitioner has been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the accused is granted bail with effect from 22.5.2011 subject to the following conditions: i. The accused shall execute a bond for Rs.50,000/-with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate-I, Aluva. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. B.A.No.3783 of 2011 3 iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate Court - I, Aluva without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the B.A.No.3783 of 2011 4 identity of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN JUDGE csl