IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2375 of 2009() ----------------------------- CRIME NO.157/09 OF HOSDURG POLICE STATION PETITIONER -------------------- HAMZA, S/O. ABDULLKUNHI, CHENDATHODU HOUSE, NEKARJE VILLAGE, BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2375 of 2009 ----------------------------------------- Dated this the 8th May, 2009 O R D E R This is a petition for regular bail filed under Section 439 of the Code of Criminal Procedure. 2. Petitioner is the second accused in Crime No.157/09 of Hosdurg Police Station registered for the commission of offences punishable under Sections 465, 471 and 420 read with 34 of the Indian Penal Code. 3. The case of the prosecution is that on 25.2.2009, the petitioner produced Basic Tax receipt along with a bail application for standing surety to one Ismail (accused No.3 in the said case) and the said Basic Tax receipt produced was found to be a forged one. On further investigation in the matter it is revealed that the Basic Tax receipts produced by the petitioner were stolen from Pallikkara Village Office. The petitioner was arrested on 8.3.2009 and since then he has been in judicial custody. The earlier application for bail filed by the petitioner was dismissed by this Court on 15.4.2009. BA.2375/09 2 4. I have heard learned counsel for petitioner and the learned Public Prosecutor. 5. The petitioner was taken into custody on 8.3.2009 and he has been in judicial custody since then. Final report has already been filed in this crime. Considering the circumstances, I think the petitioner can be enlarged on bail with stringent conditions. Accordingly, the application is allowed subject to the following conditions: i) Petitioner shall be enlarged on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the JFCM-II, Hosdurg. ii) Petitioner shall report before the investigating officer in respect of the above crime on all Mondays and Tuesdays between 10 am and 1 pm. iii) Petitioner shall not leave the jurisdiction of the Hosdurg Police Station without prior consent from the concerned investigating officer. The application is allowed. C.T.RAVIKUMAR, JUDGE vgs. BA.2375/09 3