IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 10192 of 2011 CRIME NO.194/CR/11 OF CBCID (EOW-III), KOZHIKODE. CRIME NO.168 OF 2011 OF MEPPADY POLICE STATION. PETITIONERS : ACCUSED NOS.2 AND 3: ------------------------------ 1. ABDUL ARSHAD,S/O.SYED MUHAMMED, KOUSALLAYA NAGAR, DESABHIMANI ROAD, ELAMAKKARA, COCHIN, ERNAKUALM DISTRICT. 2. P.T.KUNHUMUHAMMED, S/O.KUNHALAN, POOVANTHODI HOUSE, VATTALLUR, MAKKARAPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE” --------------- THE STATE OF KERALA REP.BY THE DETECTIVE INSPECTOR, C.B.C.I.D.(EOW-III)KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031 ADDITIONAL DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, ALONGWITH B.A.NO.10206 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl.Nos.10192 & 10206 of 2011 --------------------------------------------------------- Dated this the 7th day of December, 2011 O R D E R As per the order dated 24th November, 2011, 58 Bail Applications filed by the petitioners were disposed of by this Court. At that time, the learned Additional Director General of Prosecution submitted that out of the 58 cases, Bail Application Nos.9495 of 2011, 9747 of 2011 and ten other Bail Applications had become infructuous, since default bail was granted to the petitioners in the crimes relating to those Bail Applications. Accordingly, those twelve Bail Applications were dismissed as infructuous. 2. The learned counsel for the petitioners submitted that Bail Application Nos.9495 and 9747 of 2011 had not become infructuous and default bail was not granted to the petitioners. Accordingly, the petitioners filed Bail Application Nos.10192 of 2011 and 10206 of 2011 under Section 439 of the Code of Criminal Procedure. B.A. NO.10192 & 10206 OF 2011 :: 2 :: 3. The offences alleged against the accused are under Section 420 of the Indian Penal Code and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Central Act No.43 of 1978). 4. The first petitioner in B.A.No.10192 of 2011 was arrested on 20.8.2011 and the second petitioner therein was arrested on 23.7.2011. The petitioners in B.A.No.10206 of 2011 were arrested in respect of Crime No.206/CR/11 of CBCID (EOW-III), Kozhikode on 22.6.2011. It is submitted that on the same reasoning as made in the order dated 24.11.2011, the petitioners are entitled to bail. I am of the view that the submission made by the learned counsel for the petitioners requires acceptance. 5. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each in each case with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: B.A. NO.10192 & 10206 OF 2011 :: 3 :: a) The petitioners shall report before the Deputy Superintendent of Police, CBCID EOW-III, Kozhikode between 9 A.M. and 11 A.M. on all Mondays, until final reports are filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall surrender their Passports before the Deputy Superintendent of Police, CBCID EOW-III, Kozhikode. If the Passports have already been seized or surrendered, the petitioners shall file an affidavit indicating the same before the Court having jurisdiction, where they are bound to execute the bond for getting bail as aforesaid; d) The petitioners shall not leave the State of Kerala without the permission of this Court; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners 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. These Bail Applications are allowed in the manner indicated above. (K.T.SANKARAN) Judge ahz/