IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3845 of 2009() CRIME NO.948 OF 2009 OF NEDUMBASSERY POLICE STATION PETITIONER/ACCUSED NO.1 ------------------------------------------- VISHNUKUMAR MAFATLAL PATEL @ PATEL VISHNUBHAI MAFATLAL,AGED 47 YEARS, S/O.MAFATLAL PATEL,JAMNAPUR,DANGRAWA P.O., MANASANA DISTRICT,GUJARATH STATE. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION. 3. DEPUTY SUPERINTENDENT OF POLICE, CBCID,ALUVA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3845 OF 2009 ------------------------------------------------------ Dated this the 22nd 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.1 in Crime No.948 of 2009 of Nedumbassery Police Station. 2. The offences alleged against the petitioner are under Sections 419, 468 and 471 read with Section 34 of the Indian Penal Code and Section 12(1)(b)(d) of the Indian Passport Act. 3. The prosecution case is that on 23.5.2009, the petitioner attempted to go to United States of America by using a passport which belonged to Paul Sudheer Kumar. It is alleged that in the passport of Paul Sudheer Kumar, his photograph was removed and the photograph of the petitioner was affixed. The crime was detected when the petitioner attempted to go abroad from Nedumbassery Airport. The petitioner was arrested on 23.5.2009 and he is in judicial custody. B.A. NO. 3845 OF 2009 :: 2 :: 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.One lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class - II, Aluva. One of the sureties shall be a person who belongs to the State of Gujarat and who has immovable property in the State of Kerala. The grant of bail is also subject to the following conditions: a) The petitioner shall produce before the learned Magistrate his passport, bearing No.H3135471 issued from Ahmadabad Passport Office, within a period of two weeks, unless the investigating officer has seized the said passport. b) The petitioner shall appear before the investigating officer on every day between 9 A.M. and 11 A.M., till the passport is produced; c) The petitioner shall appear before the investigating officer on the first day of every month between 9 AM and 11 AM, till final report is filed or until further orders; B.A. NO. 3845 OF 2009 :: 3 :: d) The petitioner shall appear before the investigating officer for interrogation as and when required; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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/