IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3102 of 2009()
1. GUNASEKHARAN @ PRABU, (ACCUSED NO.3),
... Petitioner
2. NAGARAJAN, (ACCUSED NO.4),
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.G.HARIHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3102 of 2009
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Dated this the 11th day of June, 2009
ORDER
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime
No.999 of 2009 of Central Police Station, Ernakulam.
2. The offences alleged against the petitioners are under
Sections 468, 471 and 511 of 420 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that on 2.5.2009, the accused
persons, seven in number, went to Paul Alukkas Jewellery and tried to
purchase gold ornaments worth Rs.1,33,000/- using fake credit cards.
4. The learned public prosecutor submitted that on search of
the vehicle in which the accused persons were travelling, 30 fake
credit cards, 9 forged PAN cards, 12 forged driving licenses and 6
mobile phones were seized. The petitioners were arrested on
4.5.2009 and they are in judicial custody since then. The learned
public prosecutor also submitted that the investigation is not over,
though the accused numbers 1 and 2 were interrogated on getting
custody as per the order of the court.
BA No.3102/2009 2
5. The learned counsel for the petitioners submitted that the
investigating agency has correctly verified the address of all the
accused persons in Tamil Nadu.
6. Taking into account the facts and circumstances of the case,
the duration of the judicial custody undergone by the petitioners, the
nature of the offence and the present stage of investigation, I am of
the view that bail can be granted to the petitioners.
7. The petitioners shall be released on bail on their depositing a
sum of Rs.1,00,000/- before the chief Judicial Magistrate’s Court,
Ernakulam and also on condition of their furnishing security in the form
of two solvent sureties for Rs.1,00,000/- each to the satisfaction of the
chief Judicial Magistrate, Ernakulam. The sureties shall be persons
belonging to either in Ernakulam or Thrissur District having immovable
properties in any of those districts. The title deeds in respect of those
properties shall be produced before court for verification. They shall
also produce possession certificate in respect of the property and also
solvency certificate. The grant of bail shall also be subject to the
following conditions;
a) The petitioners shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays, till the final
report is filed or until further orders;
b) The petitioners shall appear before the investigating officer for
BA No.3102/2009 3
interrogation as and when required;
c) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioners shall not commit any offence or indulge in any
prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above, the
bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
csl