Shanavas A. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 Bail Appl..No. 751 of 2015 () ------------------------------ CRIME NO. 1268/2014 OF HOSDURG POLICE STATION, KASARGOD DISTRICT -------------------- PETITIONER/ACCUSED NO.7 :

-------------------------------------------- SHANAVAS S/O.ASEES, AGED 45 YEARS JALANJIRA, MELEPPARAKKODU PUTHEN VEEDU KODAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT/STATE :

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1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682 031.

2. THE SUB INSPECTOR OF POLICE HOSDURG POLICE STATION, KASARGOD DISTRICT- 673 312.

R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

B.KEMAL PASHA, J.

................................................................ B.A. No.751 of 2015 ............................................................... Dated this the 16th day of February, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 7th accused in Crime No.1268/2014 of the Hosdurg Police Station, Kasaragod registered for the offences punishable under Sections 465, 468, 471 and 109 of the Indian Penal Code and Section 12 (1)(b) of the Indian Passport Act 1967.

3.

The allegation against A2 to A10, including the petitioner, is that they aided the first accused for forging documents like technical educational certificates, passports other documents etc., and it was the petitioner who used to collect amounts for and on behalf of A1 and to hand over the same to him. The petitioner has been in custody for the

B.A.No.751 of 2015 -: 2 :- period from 16.01.2015 onwards.

4.

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

5.

The contents of CD reveal that the investigation of this case practically over. It has been reported that A1 and A4 were arrested, detained and subsequently enlarged on bail. 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 in custody, I am of the view that the petitioner can be enlarged on bail. 6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh 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 Investigating Officer in between 9 a.m. and 11

B.A.No.751 of 2015 -: 3 :- a.m. on all Mondays and Thursdays commencing from 23.02.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

(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 ul/- [True copy] P.S. to Judge