R.Bhaskaran` v. Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 Bail Appl..No. 1488 of 2015 () ------------------------------- CRIME NO. 332/2015 OF NEDUMBASSERY POLICE STATION, ERNAKULAM DIST. ......

PETITIONER/ACCUSED:

----------------------------------- R. BHASKARAN, AGED 28 YEARS, S/O.RAJAMANIKYAM, 45/6, GANDHIJI, 3RD STREET, KAKKANJI NAGAR, VYASARPADI, CHENNAI- 39.

BY ADV. SRI.C.K.SREEJITH.

RESPONDENTS/COMPLAINANT & STATE:

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1. STATION HOUSE OFFICER, NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT- 683 585.

2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.SREEJITH. V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.1488 of 2015 C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.332/2015 of Nedumbassery Police Station registered for the offences punishable under Sections 468 and 471 of the I.P.C. and Section 12 (1)(b)(d) of the Passport Act 1967.

3.

The allegation against the petitioner is that on 5.3.2015, he came to the Kochi International Airport for flying to South Africa by Ithihand flight No.EY-283, with a false entry in his passport regarding the visa to South Africa. The petitioner was coming from Chennai. The petitioner has been in custody for the period from 5.3.2015 onwards.

B.A.1488/2015 4.

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

5. On verification, it has come out that his address details etc. shown in the passport are correct. The only entry regarding his South African visa is the exit noted in the passport. The investigation is going on to trace out whether earlier he had a valid visa or not. At the same time, the continued detention of the petitioner in custody is not required for the continued investigation of the case. Having regard to the period undergone by the petitioner in custody, I am satisfied 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

B.A.1488/2015 conditions:- (i) Both the sureties shall be from the State of Kerala.

(ii) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Tuesdays and Fridays, commencing from 31.3.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

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

(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(v) 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 dl // True Copy // PA to Judge