Full Judgment
B.A.No.5596/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945 BAIL APPL. NO. 5596 OF 2023 PETITIONER/ACCUSED NO.1: SANSAR CHANDRANGANDY, AGED 45 YEARS, MANNATH HOUSE, VADAKKUMBAD P.O, THALASSERY, KANNUR DISTRICT, PIN - 670 105.
BY ADVS. PRASANTH K.T. SOORAJ S NIKHILA SOMAN RESPONDENT/COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 STATION HOUSE OFFICER, DHARMADAM POLICE STATION, THALASSRY, KANNUR DISTRICT, PIN - 670 106. SRI.M.C.ASHI- PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5596/23 2
ORDER
This is an application filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioner is the accused in Crime No.74 of 2022 of Dharmadam Police Station, which was registered for the offences punishable under Section 12(1)(b) of the Passport Act and Sections 471 and 468 of IPC.
3. The prosecution case is that, the 1 st accused obtained
Indian Passport No.E3716470 from Bangalore by using a forged document regarding his date of birth in the year 2002 and after suppressing the fact of obtaining of passport earlier, the accused again applied for a fresh passport. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of this case, this application is submitted.
4. Heard Sri.Prasanth K.T., learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
5. I have carefully gone through the records. From the
materials placed on record, I am of the view that the limited B.A.No.5596/23 3 custody of the petitioner for the purpose of interrogation would serve the ends of justice. Therefore, this application for anticipatory bail is disposed of subject to following conditions:
(i) The petitioner shall surrender before the Investigating officer, within a period of two weeks from today, for subjecting himself for interrogation.
(ii) After interrogation, the petitioner shall be released
on bail, on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the investigating officer.
(iii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.
(iv) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until filing of final report.
(v) The petitioner shall also appear before the investigating officer as and when required.
(vi) The petitioner shall not commit any offence of similar nature while on bail.
(vii) The petitioner shall not make any attempt to
contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. B.A.No.5596/23 4 (viii) The petitioner shall not leave India without the permission of the trial Court. In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/11.8.23 B.A.No.5596/23 5 APPENDIX OF BAIL APPL. 5596/2023 PETITIONER ANNEXURES Annexure1 TRUE COPY OF F.I.R NO. 74/2022 OF DHARMADAM POLICE STATION