IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 374 of 2009() ------------------------ CRIME NO.73/2008 OF NEDUMBASSERY AIRPORT POLICE STATION PETITIONER(S): ACCUSED ---------------------- HAMEED MIRZAMAN, KABOOL KATTESEEY 3, AGED 21, NANGPAR, AFGHANISTHAN. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, NEDUMBASSERY AIRPORT POLICE STATION, NEDUBASSERY. 2. SUB INSPECTOR OF POLICE, CRIME DETACHMENT, ALUVA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.374 of 2009 ------------------------------------- Dated this the 29th day of January, 2009 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 468 I.P.C and Section 12 of the Passport Act. The crux of the allegations is that the petitioner along with a lady, who also was guilty of identical crime, boarded a flight to Sri Lanka for their onward journey to Frankfurt. The petitioner is an Afghan national. At Colombo when his passport was verified it was found that it was a forged one. It was actually issued in the name of another. Thereupon the petitioner was deported to the Cochin International Airport from Colombo. There, the crime was registered. The petitioner continues in custody from 05.11.08. He admittedly is entitled for bail by default. The learned Sessions Judge granted bail by default subject to conditions. A condition was imposed that the petitioner must execute a bond for Rs.1 lakh with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. The petitioner is aggrieved by that condition and the direction that such sureties must be persons of Kerala and they must deposit their original Crl.M.C. No.374 of 2009 2 title deeds in respect of their properties. The further condition imposed is that the petitioner shall not leave Ernakulam district. 2. Even though the said order was passed on 20.01.09, the petitioner has not been able to get himself released on bail because of the onerous nature of the conditions imposed. The petitioner is a foreign national. According to him he is cheated by a travel agent. He does not know anyone in Kerala. He will not be able to produce any sureties from Kerala. If such insistence were made, the petitioner will have to remain in custody until the trial against him is over. So far final report has not been filed. In these circumstances it is prayed that the petitioner may be permitted to be released on bail on just, fair and humane conditions. 3. The learned counsel for the petitioner further submits that the lady who was arrested along with the petitioner has already been enlarged on bail as per order dated 23.01.09 in B.A.No.276 of 2009 passed by the Bench dealing with bail applications. The co-accused having secured release on relatively minor conditions, the petitioner may not be obliged to remain in custody indefinitely. Conditions imposed on him may be modified and reduced. Crl.M.C. No.374 of 2009 3 4. I have perused the said order dated 23.01.09 in B.A.No.276 of 2009. I take note of the fact that the petitioner who remains in custody from 05.11.08 has not been able to get himself released on bail in spite of the impugned order. To a pointed query to the learned Public Prosecutor, the learned Public Prosecutor submits that the investigation so far has not revealed that the petitioner has any anti national or terrorist links. But the learned Public Prosecutor opposes the application and points out that in many such cases relating to forged passport registered at the Nedumbassery Police Station, it has been experienced that the accused are not available for trial. In these circumstances appropriate and strict conditions may be imposed, submits the learned Public Prosecutor . 5. I can perceive the anxiety of the learned Public Prosecutor to insist that the accused must be available for trial. At the same time I must take note of the fact that no allegations of links with any anti national or terrorist group is even alleged against the petitioner. He is a foreign national. His difficulty in securing local sureties has to be realistically appreciated by this Court. Crl.M.C. No.374 of 2009 4 6. I am, in these circumstances, satisfied that the conditions imposed on the petitioner can be modified and reduced. While insisting on appropriate conditions to secure the presence of the petitioner, the conditions can be modified in a humane and just manner. 7. In the result: a) This Crl.M.C is allowed; b) In supersession of the conditions imposed on the petitioner, it is directed that the petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.1 lakh without any sureties undertaking to appear before the learned Magistrate as and when directed; ii) He shall deposit a cash security of Rs.1 lakh before the learned Magistrate at the time of executing the bond; iii) The petitioner shall not leave the Sessions Division of Ernakulam until further orders of the Magistrate; iv) The petitioner shall report before the Investigating Officer between 10 a.m and 12 noon on all Sundays until further orders; Crl.M.C. No.374 of 2009 5 v) The petitioner shall furnish to the Investigating Officer the address of his place of residence within Ernakulam district within 5 days of his release and shall keep the Investigating Officer informed from time to time about change of residence if any. 8. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-