IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Bail Appl..No. 3782 of 2008() ---------------------------------------- (CRIME NO.154/2008 OF KULATHUPUZHA POLICE STATION) APPLICANT:3RD ACCUSED: ------------------------------------------- ALEXANDER @ ALEX, S/O. DANIEL, EETTIVILA VEEDU, CHIZHYIAKODE MURI, KULATHUPUZHA. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHEER RESPONDENT:COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA) BY PUBLIC PROSECUTOR SRI. M.Z. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2008 ALONG WITH BA.NO.3782 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3782 of 2008 & B.A.No.3801 of 2008 ------------------------------------------- Dated this the 16th day of June, 2008 ORDER Petition for bail under Section 439 Crl.P.C. 2. A crime is registered against the petitioners under Sections 409, 468, 471, 420 and 120(B) read with Section 34 IPC. According to the prosecution, for the purpose of procuring fake passport for certain persons, documents were forged by the petitioners (who are accused Nos.3 in B.A.No.3782/08 and 2 in B.A.No.3801/08 respectively) along with the first accused who is the police official. 3. Learned counsel for the petitioners submitted that the petitioners are totally innocent of the allegations made and no specific allegation is made against them as per the First Information Statement and that nothing could be seized except a hard disk of the computer even though the premises of the petitioners establishments were searched by the police. 4. Learned public prosecutor submitted that the hard disk was sent for examination by the experts. The petitioners were arrested on 26.5.2008 and they were questioned by the BA Nos.3782/08 & 3801/08 2 police. Taking into consideration, the stage of investigation, it is submitted that there is no objection in granting bail to the petitioners on stringent conditions. Hence, the following order is passed: (1) Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned on the following conditions: (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not leave the limits of the police station within which the crime is registered except with the previous permission of the Magistrate concerned. (iii) The petitioners shall not tamper with the evidence, influence the witnesses or intimidate them and engage themselves in criminal activities while on bail and in case of breach of this condition, bail is liable to be cancelled. The petitions are allowed. K.HEMA, JUDGE csl