Abid A.A v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 Bail Appl..No. 301 of 2015 () ------------------------------ CRIME NO. 1258/2014 OF HOSDURG POLICE STATION , KASARGOD DISTRICT ------------------- PETITIONER/ACCUSED NO.1 (UNDER CUSTODY):

------------------------------------------------------------------------ ABID A.A, AGED 30 YEARS, S/O A.K. MUHAMMED, ABID MANZIL, ARAYIKADAVU ROAD,ARANGADI, KANHANGAD.

BY SRI.M.RAMESH CHANDER,SENIOR ADVOCATE SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT/COMPLAINANT & STATE:

------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

=================== B.A. No.301 of 2015 ==================== Dated this the 6th day of February, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No.1258 of 2014 of the Hosdurg Police Station, Kasaragod District, registered for the offences punishable under Sections 465, 468, 471 and 109 read with Section 34 of the Indian Penal Code and Sections 65 and 66 of the Information Technology Act.

3.

The allegation against the petitioner is that he had downloaded and taken printouts of forged sand passes from his computer, prepared and forwarded to him, by the 2nd accused and supplied it to the 3rd accused. The 3rd accused distributed the same to various vehicle owners and his friends for money and the same were made use of by

B.A.No. 301 of 2015 -: 2 :- several persons, as genuine. The petitioner has been in custody for the period from 05.01.2015 onwards. 4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

5. It seems that the investigation of this case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner and the facts and circumstances of the case, I am of the view that the petitioner can be enlarged on bail in this case on conditions.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the

B.A.No. 301 of 2015 -: 3 :- investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 13.02.2015 for a period of six months.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B. KEMAL PASHA JUDGE DSV/6/2/15 // True Copy // PA to Judge