Kerala High Court
M.Abdul Razak vs The Detective Inspector on 14 March, 2007
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1540 of 2007()
1. M.ABDUL RAZAK, S/O. ALIKOYA,
... Petitioner
2. P.AFSAL, S/O. KUNHIMOIDEEN,
Vs
1. THE DETECTIVE INSPECTOR,
... Respondent
2. STATE, REP. BY
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1540/2007
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Dated this 14th day of March, 2007
O R D E R
The petitioners who are accused Nos. 1 and 2 in Crime No. 109/CR/CBCID/KKD/06 (originally Crime No.23/2006 of Calicut Town Police Station) for offences punishable under Sections 420, 468, 471, 379 and 120B IPC read with Section 34 IPC and also under Sections 4 and 20 of Indian Telegraph Act and Sections 3 and 6 of the Indian Wireless Telegraphy Act, 1933, seek their enlargement on bail.
Both the petitioners were arrested on 20.2.2007.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that on 25.1.2006, on the basis of a complaint filed by the Assistant Divisional Engineer, Telecom, Thiruvananthapuram, the Sub Inspector of Police conducted a search in shop No.9/354, Gunny Street, Big Bazar, Calicut, and seized computer and peripherals from the said shop room. After the investigation was taken over by the CBCID, Calicut, it was revealed that three more persons were involved in the installation of a parallel telephone exchange for receiving international telephone calls and distributing those B.A.1540/2007 2 calls to various customers in India and that the activities were carried out without a licence and the accused had made an unlawful gane for themselves and heavy revenue loss to the VSNL.
4. The second accused is alleged to be involved in another similar offence. Such being the position, I am not inclined to grant bail to the second accused.
5. With regard to the first accused, having regard to the stage of the investigation and the short duration of his judicial custody, I am inclined to grant him bail but from a future date.
6. Accordingly, the first accused is directed to be released on bail with effect from 26.3.2007 on his executing a bond for Rs. 35,000/- (Rupees Thirty Five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M-I, Kozhikode and subject to the following conditions:
(a). The first petitioner (first accused) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.
(b). The first petitioner (first accused)
B.A.1540/2007
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shall make himself available for
interrogation as and when required by the police till the filing of the final report.
(c). The first petitioner (first accused) shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.
(d). The first petitioner (first accused) shall not commit any offence while on bail.
7. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
8. In the result, the first accused is granted bail and the request of bail for the second accused is rejected as above.
V.RAMKUMAR, JUDGE mrcs B.A.1540/2007 4