IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3770 of 2011() ----------------------------- CRIME NO.371 OF 2011 OF N.PARAVUR POLICE STATION. PETITIONER/ACCUSED NO.2 --------------------------------- ABDUL HAKEEM AGED 56 YEARS, S/O. ABDULLA. VALIYATHUNADU KARA. KARUMALLUR VILLAGE. ERNAKULAM DIST. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR. HIGH COURT OF KERALA. ERNAKULAM. REPRESENTING STATION HOUSE OFFICER. N.PARAVUR POLICE STATION. ERNAKULAM DISTRICT-31. 2. SUPERINTENDENT OF POLICE, CRIME BRANCH C.I.D., OCW : 2: KALOOR,KOCHI-17. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------- B.A.No.3770 of 2011 ---------------------------------------------- Dated this the 20th day of May, 2011 O R D E R Petitioner is the second accused in Crime No.371 of 2011 of N.Paravur Police Station. It was registered under Sections 420, 467, 468, 471, 363, 370 and 371 read with Section 34 of the Indian Penal Code and also under other provisions. Petitioner was arrested on 18.3.2011. His bail application was dismissed by the trial Court. 2. It is alleged that the accused and other persons, who are in charge of an orphanage by name 'Snehalayam', sold the child of the defacto complainant to another lady. It is alleged that several other instances were also there. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 18.3.2011 he has been in judicial custody. Considering the period of detention already undergone by the BA.3770/11 2 accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the accused is granted bail subject to the following conditions: i. The accused shall execute a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate, N.Paravur. in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to BA.3770/11 3 the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate's Court, N.Paravur without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN, JUDGE vgs