IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Bail Appl..No. 3731 of 2010() ----------------------------- CRMP.669/2010 of D.C & SESSIONS COURT,TRIVANDRUM .................... (CRIME NO.410/2006 OF KALLAMBALAM POLICE STATION) PETITIONER/2ND ACCUSED: ------------------------------------------- SALEENA, D/O.AYISHA BEEVI, AGED 26, RESIDING AT KATTIL VEEDU, NAINAKONA COLONY, NAVAIKULAM P.O., KALLAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE: --------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CRIME DETACHMENT WING, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3731 OF 2010 -------------------------------- Dated this the 28th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 465, 468, 479, 419 of IPC and Section 3 and 12 of the Passport Act. According to prosecution, first accused applied for passport and she showed the details of second accused who is her sister in the passport application. But, she affixed her own photograph on the application and thereby committed various offences. The document produced along with the S.S.L.C book and other documents belonging to second accused. Hence, both of them committed the above offences. 3. Learned counsel for petitioner submitted that petitioner was not aware of the offence committed by her sister who is the first accused. Petitioner is implicated in the offence without any basis, it is submitted. Offences will lie only against first accused, it is submitted. 4. Learned Public Prosecutor submitted that in the light of the contents of the case diary dated 09/02/2010, he has no objection in granting anticipatory bail to petitioner. But, petitioner may be B.A No.3731 OF 2010 2 directed to appear before the Investigating Officer for questioning. The crime was registered as early as in 2006 and only first accused was arrayed as accused originally, in the year 2006. After two years, petitioner is also sought to be implicated in the circumstances referred to in the case diary dated 09/02/2010, it is submitted. 5. On hearing both sides and on going through the case diary, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed. (1) Petitioner shall surrender before the Investigating Officer within 10 days from today and co-operate with investigation. (2) On such surrender, if petitioner is arrested, she shall be released on bail on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. B.A No.3731 OF 2010 3 (3) This order will be in force only for a period of 20 days from today. In the mean time, whether petitioner is arrested or not, she shall seek regular bail from the court concerned, in accordance with law. Petition is allowed. K.HEMA JUDGE vdv