IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 1058 of 2010() -------------------------------------- RC-I(A)/2010 OF CBI, ARISING FROM ORDER DATED 15/2/2010 IN CRL. M.P. NO.209/2010. PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. SIMON BHASKARAN, AGED 60, S/O. A.SIMON, E-208, PINE BLOCK, PALAYA RESIDENCY, III BLOCK, KORMANGALAM, BANGALORE-560034. 2. P.P.JAYAN, AGED 58, S/O. P.P.POULOSE, "SREJAS", PALLIVATHUKKAL, NATTASSERRY, SACRET HEART MOUNT P.O., KOTTAYAM-686 006. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT/COMPLAINANT & STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, CBI, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. SRI. KAMMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1058 of 2010 ------------------------------------ Dated this the 19th day of February, 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 2 in RC-I(A)/2010 of CBI. 2. The offences alleged against the petitioners are under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act. 3. The prosecution case is that accused No.1 being the Chief Manager of Indian Overseas Bank, Kottayam and the second accused being the clerk in that bank conspired with accused Nos. 3 and 4, partners of Alpha Overseas Consultancy, Kottayam and issued false and fabricated certificates to show that educational loans were sanctioned to 122 candidates to facilitate visas to be arranged to them for higher studies in Australia. It is alleged that huge amounts were received from the candidates in order to arrange such false and fabricated certificates. Incriminating documents were recovered on a B.A. No. 1058 / 2010 2 search of the residential premises of accused Nos. 3 and 4 to show that such forged and fabricated documents were issued by accused Nos. 1 and 2. 4. It is submitted that accused Nos. 3 and 4 were granted bail. The learned counsel for the petitioners submitted that the first petitioner has retired from service about a year ago. The second petitioner is a clerk in the bank. 5. The learned counsel for the petitioners submitted that the petitioners are prepared to comply with any condition that may be imposed by the Court. 6. 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 on stringent conditions. 7. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Special Judge (SPE/CBI)-II, Ernakulam subject to the following conditions:- B.A. No. 1058 / 2010 3 A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday, 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 surrender their passports before the court of the Special Judge (SPE/CBI)-II, Ernakulam within one week. If any one of the petitioners does not hold an Indian Passport, an affidavit to that effect, sworn to by him shall be filed before the learned Magistrate within one week; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; F) 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 scm