IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1689 of 2010()
1. MICKLE, S/O.OUSEPH,
... Petitioner
Vs
1. STATE OF KERALA REP. BY PUBLIC
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.S.SUJIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NOS.1689 & 1711 OF 2010
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Dated this the 26th day of March, 2010
O R D E R
These are applications for bail under Section 439 of the Code
of Criminal Procedure. The petitioner, Mickle, is the second accused
in Crime Nos.292 and 307 of 2010 of Aluva Police Station.
2. The offences alleged against the petitioner are under
Sections 406 and 420 read with Section 34 of the Indian Penal Code.
3. B.A.No.1689 of 2010 relates to Crime No.292 of 2010. The
allegation in that case is that promising Visa to the daughter-in-law of
the de facto complainant, a sum of Rs.4 lakhs was received by the
accused persons from the de facto complainant.
4. B.A.No.1711 of 2010 relates to Crime No.307 of 2010. The
allegation in that case is that promising Visa to the son of the de
facto complainant, a sum of Rs.3 lakhs was taken from the de facto
complainant.
B.A. Nos.1689 & 1711 OF 2010
:: 2 ::
5. The petitioner was arrested on 2.2.2010 and he was
remanded to judicial custody.
6. It is submitted by the learned Public Prosecutor that the
first accused Sony George is involved in more than 50 crimes
registered in different police stations throughout the State. The
allegation is that he had received huge amounts promising Visa to
several persons to go abroad. It is submitted that the petitioner is an
agent of Sony George.
7. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioner,
the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioner on stringent
conditions.
The petitioner shall be released on bail on his executing bond
for Rs.50,000/- in each case with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class – I, Aluva, subject to the following conditions:
B.A. Nos.1689 & 1711 OF 2010
:: 3 ::
a) The petitioner shall report before the
investigating officer between 9 A.M. and 11
A.M. on all Mondays and Thursdays, till the final
report is filed or until further orders;
b) The petitioner shall appear before the
investigating officer for interrogation as and
when required;
c) The petitioner shall surrender the Passport
before the Court of the Judicial Magistrate of the
First Class I, Aluva, within a period of one week.
If the petitioner does not hold an Indian
Passport, an affidavit to that effect, sworn to by
him, shall be filed before the learned Magistrate
within one week;
d) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence;
e) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail;
f) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.
The Bail Applications are allowed as above.
(K.T.SANKARAN)
Judge
ahz/