IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE9H DAY OF JANUARY201419TH POUSHA, 1935 Bail Appl..No. 8737 of 2013 --------------------------------------- CRIME NO:614/CR/SIT/2012 OF CBCID, KOZHIKODE DISTRICT. ------------------- NAME AND ADDRESS OF THE PETITIONER/ACCUSED: ----------------------------------------------------------------------------- ASHRAF, AGED48YEARS, S/O.ABDULLA, H AMANZIL, MUTHIYAKKAL, PALLIKKARA II, P.O.BEKAL, KASARAGOD. BY ADV. SRI.SHIRAZ ABDULLA NAME AND ADDRESS OF THE RESPONDENT: ----------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. ABDUL KHADER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0901-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. THOMAS P. JOSEPH, J --------------------------------------- B.A.No.8737 of 2013 ---------------------------------------- Dated this the 9th day of January, 2014 ORDER
Petitioner is accused in Crime No.614/CR/SIT/2012 of CBCID, Kozhikode for the offences under Sections 465, 468, 471 of the Indian Penal Code and Section 12(1)(b) of the Indian Passport Act, is in custody from 08-12-2013 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that at a time when the petitioner was possessed of passport bearing No.E-8637314 valid up to 08-07-2014, he obtained another passport bearing No.H- 7434711 valid from 03-02-2010 to 02-02-2020 on the strength of forged documents.
3. Learned counsel requested that since the petitioner is in custody from 08-12-2013, he be released on bail.
4. Having heard both sides, it appears to me that further detention of the petitioner is not required for investigation. Hence, I am inclined to grant bail but subject to conditions to ensure presence of the petitioner for investigation/trial and to prevent him from recurrence of such incidents in future. Application is allowed as under: Petitioner is granted bail in Crime No.614/CR/SIT/2012 of B.A.No.8737 of 2013 2 CBCID, Kozhikode and shall be released, if not required to be detained otherwise on his executing bond for Rs.35,000/- (Rupees thirty five thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: a) Whether or not he/she has landed property, one of the sureties shall be the brother/father/mother of the petitioner. b) Petitioner shall surrender his passport bearing No. E-8637314 valid up to 08-07-2014 before the learned magistrate while executing the bail bond. In case he is not in possession of that, he shall file affidavit to that effect. c) Petitioner shall report to the officer investigating the case on every Monday and Saturday between 10 a.m and 12 p.m until otherwise ordered by the jurisdictional magistrate. d) Petitioner shall report to the officer investigating the case as and when required for interrogation. e) Petitioner shall not go beyond Kozhikode and Kasaragod Districts until otherwise ordered and except with the permission to the learned magistrate. f) It is open to the investigating officer to intimate the passport authorities about surrender of petitioner's passport and his involvement in the case on hand so that travel by flight B.A.No.8737 of 2013 3 is prevented (unless it is permitted by the learned magistrate). g) Petitioner shall not, during the period of this bail get involved in any offence. h) Petitioner shall co-operate with investigation of the case. i) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH, JUDGE AS /True Copy/ P.A. to Judge