Kerala High Court

Bail Appl./7909/2007 of BEERANKUTTY Vs STATE OF KERALA on 28 December 2007

HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929 Bail Appl..No. 7909 OF 2007() ----------------------------- (CRIME NO.39/1997 OF MUKKOM POLICE STATION) PETITIONER/ACCUSED: -------------------- BEERANKUTTY

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929

Bail Appl..No. 7909 OF 2007()

-----------------------------

(CRIME NO.39/1997 OF MUKKOM POLICE STATION)

PETITIONER/ACCUSED:

--------------------

BEERANKUTTY CHERUKULATHIL,

PULPARAMBIL HOUSE, P.O.KODIYATHUR,

MUKKOM, KOZHIKODE DISTRICT.

BY ADV. SMT.T.V.NEEMA

RESPONDENT/ COMPLAINANT:

---------------------

STATE OF KERALA, REPRESENTED BY

THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE S.I. OF POLICE, MUKKOM POLICE STATION).

BY PUBLIC PROSECUTOR, SRI.K.S.SIVAKUMAR.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 28/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V.K. MOHANAN, J.

- - - - - - - - - - - - - - - - -

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Bail Application No.7909 of 2007 - - - - - - - - - - - - - - - - Dated this the 28[th] day of December,2007.

O R D E R

This is a Petition filed under Sec. 438 Cr.P.C. The allegationagainst the petitioner is that he had committed the offencespunishable under Sections 466, 420 and 477A I.P.C read withSection 12 of the Passports Act.

2. I have heard the learned counsel for the petitioner and thelearned Public Prosecutor.

3. The counsel for the petitioner submitted that he had alreadya passport and it is valid upto 2015. It is also pointed out thataccording to the counsel for the petitioner, while submitting theapplication for obtaining passport the petitioner was in Gulf andthus the counsel for the petitioner submitted that he is in no wayinvolved in the allegations contained in the above crime.

4. The learned Public Prosecutor submitted that afterinvestigation in Crime No.39/1997 of Mukkom Police Station, inwhich the petitioner is an accused, final report has already beenfiled.

Bail A.No.7909/2007

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5. In the above circumstances, it appears to me that thecustody of the petitioner is not warranted and therefore, thisapplication is only to be allowed.

In the result, a direction is issued to the officer-in-charge ofthe Mukkom Police Station that in the event of arrest of thepetitioner connected with Crime No.39/1997, he shall be releasedon bail for a period of one month, on his executing a bond forRs.25,000/- (Rupees twenty-five thousand only) with two solventsureties each for the like amount to the satisfaction to the saidofficer and subject to the following conditions:

1. Petitioner shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on allWednesdays.Officer between 9 a.m. and 11 a.m. on allWednesdays.

2. The petitioner shall make himself availablefor interrogation as and when required by theInvestigating Officer.for interrogation as and when required by theInvestigating Officer.

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3. The petitioner shall not influence or intimidatethe prosecution witnesses nor shall heattempt to tamper with the evidence for theprosecution.the prosecution witnesses nor shall heattempt to tamper with the evidence for theprosecution.

4. Petitioner shall not commit any offence while on bail.

Bail A.No.7909/2007

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5. Petitioner shall surrender before theMagistrate concerned and seek regular bail inthe meanwhile.

If the petitioner commits breach of any of the aboveconditions, the bail granted to him shall be liable to be cancelled.

This application is allowed as above.

ms

V.K.MOHANAN, JUDGE

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