Anoop Antony v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 Bail Appl..No. 5672 of 2015 () ------------------------------- CRIME NO. 843/2015 OF VALANCHERI POLICE STATION, MALAPPURAM DISTRICT. ......

APPLICANTS/ACCUSED NOS.1 & 2:

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1. ANOOP ANTONY, AGED 27 YEARS, S/O.ANTONY, KOTTAKKATTUKARAN, POTTA P.O., ATHIRAPPALLI ROAD, CHALAKKUDI.

2. NAVIN P.D., AGED 27 YEARS, S/O.DEVASSYA, PULLAN HOUSE, PANAMBALLI COLLEGE ROAD, POTTA, CHALAKKUDI.

BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE.

ADVS. SRI.V.C.SARATH, SRI.THOMAS J.ANAKKALLUNKAL.

RESPONDENT/COMPLAINANT:

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

BY SR. PUBLIC PROSECUTOR SRI.C. RASHEED.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-09-2015, ALONG WITH BA NO.5673 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs.

A.HARIPRASAD, J.

------------------------------------------------------------- -------------------------------------------------------------- Dated this the 30th day of September, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioners are accused in 4 crimes bearing Nos.843, 842, 845 and 844 of 2015 of Valancheri Police Station. Crime No.842 of Valancheri Police Station is registered for the offence punishable under Section 384 of the Indian Penal Code and in other crimes they are involved in offences punishable under Sections 468 and 471 r/w Section 34 of the Indian Penal Code 3.

Prosecution allegation is that the accused persons submitted forged documents like I.D. Proof by way of passport for obtaining 4 SIM cards of mobile phones. Thereafter, by using that they threatened the de facto complainant showing some obscene photographs and extorted cash.

4.

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

5.

The petitioners were arrested in one crime on 23.08.2015 and they were remanded in other cases as well.

6.

Considering the stage of investigation and nature of allegations, I am inclined to grant bail to the petitioners with the following conditions:

(a) The petitioners shall be released on bail on their executing a bond for `50,000/- (Rupees fifty thousand only) in each crime with two solvent sureties each for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioners shall surrender their passport forthwith before the learned Magistrate. If they do not have a passport, they shall file

an affidavit to that effect.

(d) The petitioners shall not leave the local limits of Malappuram District for a period of three months without the permission of the leaned Magistrate.

(e) The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(f) The petitioners shall not intimidate or attempt to influence the witnesses.

(g) The petitioners shall not in any manner interfere or meddle with the investigation.

(h) The petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/ A.HARIPRASAD, JUDGE.

AS //True Copy// P.A. To Judge