IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5645 of 2008() ----------------------------- (IN CRIME NO.589 OF 2008 OF THE KONDOTTY POLICE STATION) PETITIONER/ACCUSED NO 5 ---------------------------------------- SUBHAIR, S/O. SHAHUL HAMEED, KAYALAPATTOM, THOOTHUKUDI DISTRICT, TAMIL NADU STATE. BY ADV. SRI.BABU S. NAIR RESPONDENT/ STATE -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COUR OF KERALA, ERNAKULAM, KOCHI - 31. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5645 of 2008 ------------------------------------------------------- Dated this the 5th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 468 and 471 of IPC and Section 12(1)(b) of Indian Passport Act. Petitioner was arrested from Calicut air port, since it was found that he had travelled to India, using a fake passport issued in the name of another person. 3. Learned counsel for the petitioner submitted that he got information that his child is hospitalised and he came down to see the child. But, the Arab employer did not give permission and also did not release the passport to him. Petitioner is prepared to abide by any condition and he requests that he may be permitted to see the child. He is in custody from 27.8.2008 onwards. 4. Learned public prosecutor submitted that the police has to verify the particulars given by the petitioner and also get the details of the person to whom the passport is actually issued. BA No.5645/08 2 Till then, the petitioner may not be released on bail, since he is likely to abscond. Petitioner hails from Tamil Nadu as per the particulars given in the petition, it is submitted. 5. On hearing both sides, I find that petitioner can be granted bail by imposing stringent conditions to ensure that he will not abscond. Hence, petitioner is granted bail on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. The sureties shall be local sureties. (ii) Petitioner shall be released from custody only if he furnishes the local address of residence within the Kondotty Police Station where he will reside till the charge sheet is laid, and such address is verified and confirmed by the respondent. (iii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. to 1 p.m. until further orders. BA No.5645/08 3 (iv) Petitioner shall not leave the limits of the Kondotty Police Station except with prior permission of the learned Magistrate. (v) If the petitioner requires to see the child, he may apply before the learned Magistrate and seek his permission and if such permission is granted, all other conditions in this order will be subject to such order if any, passed by the learned Magistrate. (vi) Petitioner shall not influence or threaten any witness 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 csl