IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2375 of 2009()
1. HAMZA, S/O. ABDULLKUNHI,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :08/05/2009
O R D E R
C.T.RAVIKUMAR, J.
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B.A.No. 2375 of 2009
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Dated this the 8th May, 2009
O R D E R
This is a petition for regular bail filed under Section 439
of the Code of Criminal Procedure.
2. Petitioner is the second accused in Crime No.157/09 of
Hosdurg Police Station registered for the commission of
offences punishable under Sections 465, 471 and 420 read
with 34 of the Indian Penal Code.
3. The case of the prosecution is that on 25.2.2009, the
petitioner produced Basic Tax receipt along with a bail
application for standing surety to one Ismail (accused No.3 in
the said case) and the said Basic Tax receipt produced was
found to be a forged one. On further investigation in the
matter it is revealed that the Basic Tax receipts produced by
the petitioner were stolen from Pallikkara Village Office. The
petitioner was arrested on 8.3.2009 and since then he has
been in judicial custody. The earlier application for bail filed
by the petitioner was dismissed by this Court on 15.4.2009.
BA.2375/09 2
4. I have heard learned counsel for petitioner and the
learned Public Prosecutor.
5. The petitioner was taken into custody on 8.3.2009 and
he has been in judicial custody since then. Final report has
already been filed in this crime. Considering the
circumstances, I think the petitioner can be enlarged on bail
with stringent conditions.
Accordingly, the application is allowed subject to the
following conditions:
i) Petitioner shall be enlarged on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
sum to the satisfaction of the JFCM-II, Hosdurg.
ii) Petitioner shall report before the investigating officer
in respect of the above crime on all Mondays and Tuesdays
between 10 am and 1 pm.
iii) Petitioner shall not leave the jurisdiction of the
Hosdurg Police Station without prior consent from the
concerned investigating officer.
The application is allowed.
C.T.RAVIKUMAR, JUDGE
vgs.
BA.2375/09 3