IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7858 of 2009() ----------------------------------------- (CRIME NO.668 OF 2009 OF ETTUMANOOR POLICE STATION) PETITIONERS/ACCUSED: --------------------------------------- 1. NAZEER, S/O. HASSAN, KEEROLIMALAYIL HOUSE, KAKKANAD VILLAGE, ATHANI KARA, ERNAKULAM DISTRICT. 2. VIJAYAN, S/O.VELU, VALIYAPARAMBIL VEEDU, PALLURUTHY VILLAGE, PALLURUTHI KARA, ' ERNAKULAM DISTRICT. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.668/2009 OF ETTUMANOOR POLICE STATION) BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7858 of 2009 ------------------------------------ Dated this the 8th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 4 in Crime No. 668/2009 of Ettumanoor Police Station. 2. The offences alleged against the petitioners are under Sections 465, 466, 471, 472 and 476 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons forged Basic Tax Receipts for the purpose of producing the same in Court for taking the second accused on bail. The matter was informed to the police by the Learned Magistrate. The crime was registered on 06.11.2009. The petitioners were arrested on 08.11.2009 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. No. 7858 of 2009 2 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ettumanoor subject to the following conditions:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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 ln