IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Bail Appl..No. 3995 of 2008() ----------------------------- CRIME NO.122/08 OF THE POOCHAKAL POLICE STATION, POOCHAKAL. PETITIONERS/ACCUSED NO.3,4 & 5 ----------------------------------------------- 1. ABDUL SAFOOR, SHERIFF, HOUSE NO.6/1380, MAHAJANAVADIPARAMBU MATTANCHERRY DESOM, ERNAKULAM DISTRICT. 2. SHAMEER, S/O HAMSA, HOUSE NO 5/1373, NEAR KAPPALANDIMUKKU, MATTANCHERRY DESOM, ERNAKULAM DISTRICT. 3. SHAHEER, S/O ABOOBACKER, HOUSE NO. 6/1373, MAHAJANAVADIPARAMBU, MATTANCHERRY DESOM, ERNAKULAM DISTRICT. BY ADV. SRI.P.N.SASIDHARAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOCHAKAL POLICE STATION, POOCHAKAL, NOTICE TO WHOM MY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3995 of 2008 ----------------------------------------- Dated this the 11th July, 2008 O R D E R This petition is for bail. 2. Petitioners are accused 3 to 5 in Crime No.122 of 2008 of Poochakal Police Station. According to prosecution, on 21.5.2008, the petitioners and two others were arrested by the Sub Inspector of Police, Poochakal Police Station, on the allegation that in furtherance of common intention to commit decoity, they assembled in a Maruti car and when they reached in front of the Thrichattukulam Temple, their vehicle was intercepted by the Sub Inspector and on search, one knife was recovered from the second accused and a sword from the vehicle and thus they committed offence under Section 402 of Indian Penal Code and Section 27(1) of the Arms Act. They were arrested from the spot. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioners on conditions. In the course of argument, it has come to my notice that the second petitioner herein, who is the fourth accused in the crime, filed B.A.No.4108 of 2008 describing himself as the fifth accused. The BA.3995/08 2 said petition was filed during the pendency of the present bail application. But, while filing B.A.No.4108 of 2008 the discipline of the petitioner therein were shown wrongly. Except the name, all other details, including father's name were shown wrongly in B.A.No.4108 of 2008. Thus, the fourth accused obtained bail (showing himself as 5th accused) as per order dated 26.6.2008 in B.A.No.4108 of 2008. Subsequently, a petition was filed by learned counsel appearing for the petitioner in B.A.No.4108 of 2008 under Section 482 Cr.P.C to correct the details. Believing the representations and on the assumption that it was a genuine typographic error, the said petition was allowed and the order was recalled and the correction was ordered to be effected in the order. 4. On hearing both sides, it prima facie appears to me that the fourth accused obtained bail by filing B.A.No.4108 of 2008 by showing wrong description deliberately to escape notice of the Registry regarding filing of two bail application by the same person and to obtain bail by defrauding this Court. It also appears to me prima facie that the learned counsel appearing for the fourth accused in B.A.No.4108 of 2008 may also be a party to the fraud committed. Learned counsel for petitioners in this case submitted that bail application No.4108/08 was filed behind his back and without his knowledge after filing of the present application. In the BA.3995/08 3 above circumstances, I find that the bail granted to the fourth accused, as per order dated 26.6.2008 in B.A.No.4108 of 2008 deserves to be cancelled. Proceedings have to be initiated against the counsel, who filed B.A.No.4108 of 2008 also. However, I find that bail can be granted to the first and fourth petitioner. Hence, the following order is passed: i) Petitioners 1 and 3 (accused Nos.3 and 5) shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) They shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii) They shall not commit any offence while on bail and in case of violation of this condition, the bail is liable to be cancelled. iv) Issue show cause notice to the second petitioner herein (fourth accused) why bail granted to him as per order dated 26.6.2008 in B.A.No.4108 of 2008 shall not be cancelled. BA.3995/08 4 v) Issue notice to the counsel appearing for the petitioner in B.A.No.4108 of 2008 why the matter shall not be reported to the Bar Council for necessary action. vi) The explanation by the fourth accused and his counsel in B.A.No.4108 of 2008 shall be submitted within four days from the date of receipt of notice. This petition is disposed of accordingly. K.HEMA, JUDGE vgs.