Salim vs State Of Kerala on 10 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 692 of 2009()


1. SALIM, AGED 41 YRS,S/O.PAREEKUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/02/2009

 O R D E R
                             K.HEMA, J.
                       --------------------------------
                       B.A. No.692 OF 2009
                       --------------------------------
           Dated this the 10th day of February, 2009


                              O R D E R

This petition is for bail.

2. The alleged offences are under Section 12(1)(b) and

(d) of Passport Act. According to prosecution, petitioner used a

fake passport by affixing his photographs in another person’s

passport and tried to travel to UAE on 28.01.2009 and he was

arrested.

3. Learned counsel for petitioner submitted that

petitioner is in custody from 28.01.2009 onwards. In the

confession statement itself, petitioner has stated that the

passport was arranged by a travel agency and he is innocent.

4. Learned Public Prosecutor submitted that petitioner is

working abroad and hence, it is likely that he may abscond if

bail is granted. Learned counsel for petitioner submitted that

petitioner is prepared to abide by any condition imposed by

this court and that the offence will not be repeated.

On hearing both sides, I am satisfied that bail can be

granted to petitioner on conditions.

Hence, the following order is passed :

B.A.No.692 of 2009
2

Petitioner shall be released on bail on his

executing bond for Rs.25,000/- with two solvent

sureties each for like sum to the satisfaction of the

Magistrate court concerned on the following

conditions :

(i) Petitioner shall report before the

Superintendent of Police, Kottayam on every

alternate day between 10 a.m. and 1 p.m.

until further orders.

(ii) Petitioner shall not leave Kottayam District

except with the prior permission of the

learned Magistrate.

(iii) Petitioner shall not influence or intimidate

any witness or tamper with evidence or

commit any offence while on bail and in case

of breach of this condition, bail is liable to be

cancelled.

The petition is allowed.

K.HEMA, JUDGE
pac