IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3098 of 2009 CRIME NO.999 OF 2009 OF CENTRAL POLICE STATION, ERNAKULAM. CRMP.5111/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM PETITIONER: ACCUSED NO.5 -------------------------------- HARIBABU @ HARIPRASAD, S/O. VADIVALU, 8/5 BHUVANESWARI NAGAR, VALSARAVAKKAM, CHENNAI. BY ADV. SRI.PRAVEEN.H. RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- B.A. NO. 3098 OF 2009 ------------------------------------- Dated this the 12th June, 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 Nos.5 in Crime No.999 of 2009 of Central Police Station, Ernakulam. 2. The offences alleged against the petitioner and other accused persons are under Sections 468, 471, 511, 420 read with Section 34 of the Indian Penal Code and Section 66 of the Information Technology Act. 3. The prosecution case is that on 2.5.2009, the petitioner and other accused persons, seven in number, went to Paul Alukkas Jewellery and tried to purchase gold ornaments worth Rs.1,33,000/- using fake credit cards. 4. The learned Public Prosecutor submitted that on search of the vehicle in which the accused persons were travelling, 30 fake credit cards, 9 forged PAN cards, 12 forged B.A. NO. 3098 OF 2009 :: 2 :: driving licenses and 6 mobile phones were seized. The petitioner was arrested on 3.5.2009 and he is in judicial custody since then. The learned Public Prosecutor also submitted that the investigation is not over. Accused numbers 1 and 2 were interrogated on getting custody as per the order of the court. 5. The learned counsel for the petitioner submitted that the investigating agency has correctly verified the address of all the accused persons in Tamil Nadu. 6. 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. 7. The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam. The sureties shall be persons belonging B.A. NO. 3098 OF 2009 :: 3 :: to either Ernakulam or Thrissur District, owning immovable properties in any of those districts. The title deeds in respect of the properties shall be produced before court for verification. They shall also produce possession certificates in respect of the properties. The grant of bail shall also be subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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/