IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1835 of 2008()
1. SALIM MAN @ SHAJI, S/O.MUTHUNAYAKOM
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.D.KISHORE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1835 of 2008
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Dated this the 25th day of March, 2008
O R D E R
Application for regular bail. The petitioner is the third
accused. Altogether there are five accused persons. They face
allegations for offences punishable, inter alia, under Sections 468
and 471 I.P.C. The crux of the allegations against the petitioner
is that he, along with the co-accused, was engaged in the culpable
activity of forging tax receipts in order to facilitate procuring of
sureties to secure bail for accused persons. He was arrested in
some other crime. His arrest in this case was recorded on
29.1.2008. He continues in custody from that date. Investigation
is not complete. The learned Prosecutor fairly concedes that
there is no prospect of the investigation being completed by
29.3.2008, by which date the period of 60 days shall elapse and
the petitioner shall be entitled for bail by default.
2. I am satisfied, in these circumstances, that the petitioner
can now be directed to be enlarged on bail w.e.f. 29.3.2008. In
B.A.No. 1835 of 2008
2
the absence of opposition to that course, it is not necessary for me to
advert to facts in any greater detail.
3. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall not be released from custody on the
strength of this order prior to 29.3.2008. The Investigators shall in the
meantime make every endeavour to complete the investigation.
(b) He shall execute a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum to be
satisfaction of the learned Magistrate.
(c) He shall make himself available for interrogation before the
Investigating Officer on all Mondays and Fridays between 10 a.m.
and 12 for a period of two months from the date of his release and
thereafter as and when directed by the Investigating Officer in writing
to do so.
(R. BASANT)
Judge
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