Sankaran v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3446 of 2015 () ------------------------------- CRIME NO. 991/2009 OF NEDUMBASSERY POLICE STATION,ERNAKULAM DISTRICT ------------------------ PETITIONER/ACCUSED:
-------------------------------------- SANKARAN,S/O.KUNHAN, PARAPPURATH HOUSE, POOKOTTUR, MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT/STATE:
-------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031-FOR THE SUB INSPECTOR OF POLICE, NEDUMBASSERY AIRPORT POLICE STATION, ERNAKULAM DISTRICT.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioner is accused of having committed the offences under Sections 419 and 468 of Indian Penal Code and Section 12 (i) (b) (d) of the Passports Act. 3.
He is the second accused. First accused obtained a passport in a false name and address. The petitioner was the police officer who verified the particulars of the first accused. It was on his false report the passport happened to be issued to the first accused.
4.
Heard.
5.
Prima facie, the petitioner is involved in the commission of the offences. He has retired from service. He is a kidney patient as seen from Annexure-A discharge summary. For this reason alone I am inclined to grant his prayer for anticipatory bail.
In the result, this application is allowed.
1.
The petitioner shall be released on bail after
interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum each if he is arrested by the police in connection with this case.
2.
He shall appear before the investigating officer for interrogation if he is so required by him in writing. 3.
He shall not get himself involved in any other criminal case while he is on bail.
4.
He shall not intimidate or attempt to influence the witnesses.
5.
He shall not destroy or tamper with evidence. 6.
He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 7.
He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.
If the petitioner surrenders before the Magistrate this
order is not applicable and the learned magistrate may pass appropriate orders.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge