IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6820 of 2011 CMP.6407/2011 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.815 OF 2011 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT PETITIONER/ACCUSED NO.3 ------------------------------------------- ASOKAN, S/O. RASALAYAN, AGED 42 YEARS, SHA HOUSE, PAVATHIYANVILA, PARASSALA DESOM, PARASSALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, PARASSALA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6820 OF 2011 ------------------------------------------------------ Dated this the 29th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.815 of 2011 of Parassala Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 468, 471 and 420 of the Indian Penal Code and Sections 17 and 18 of the Money Lenders Act. 3. The prosecution case is that the petitioner issued fake pass for transportation of sand as if the sand was brought from Tamil Nadu, while in fact the sand was taken from Neyyar river. The petitioner was arrested on 12.8.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BAIL APPL. NO.6820 OF 2011 :: 2 :: 5. Since the petitioner was arrested only on 12.8.2011, it is too early to release the petitioner on bail as on this date, as it would affect the investigation of the case. However, taking into account the facts and circumstances of the case the nature of the offence and the present stage of investigation,I am inclined to grant bail to the petitioner, but, only with effect from 7.9.2011. 6. The petitioner shall be released on bail only on 7.9.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Neyyattinkara, 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 and Thursdays for a period of two months and thereafter, 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; BAIL APPL. NO.6820 OF 2011 :: 3 :: 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/