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Kerala High Court

K.Mansoor vs State Of Kerala on 29 March, 2019

Author: B.Sudheendra Kumar

Bench: B.Sudheendra Kumar

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941

                   Bail Appl..No. 2210 of 2019

  AGAINST THE ORDER/JUDGMENT IN CRMC 328/2019 of DISTRICT
    COURT & SESSIONS COURT,THALASSERY DATED 18-02-2019

           CRIME NO. 369/2018 OF Kannur Town , Kannur

PETITIONER/S:

      1       K.MANSOOR
              AGED 33 YEARS
              S/O. SOOPI, DARULFALAH, KORALAYI, P.O.KANDAKAI,
              KANNUR-670 602.

      2       P.ABDUL AZEEZ
              AGED 40 YEARS
              S/O. MAMMED, CHATHANEER HOUSE, P.O. THAVANOOR,
              MALAPPURAM-679 573.

              BY ADVS.
              SRI.P.VIJAYA BHANU (SR.)
              SMT.POOJA PANKAJ
              SRI.AJEESH K.SASI
              SRI.M.REVIKRISHNAN
              SRI.P.M.RAFIQ
              SRI.THOMAS J.ANAKKALUNKAL,CGC
              SRI.V.C.SARATH
              SRI.VIPIN NARAYAN
              SRUTHY N. BHAT

RESPONDENT/S:
            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM-682 031.


OTHER PRESENT:
            SRI.C.S.HRITHWIK,PP


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No. 2210 of 2019

                              -2-



                         ORDER

The petitioners are accused Nos.1 and 2 in Crime No.369 of 2018 of Kannur Town Police Station registered for the offences punishable under Sections 420, 465, 468 and 471 IPC, Section 3 read with Sections 6(1) and 6(1A) of Indian Wireless Telegraphy Act and Section 4 read with Section 20 of the Indian Telegraph Act.

2. The prosecution allegation is that the petitioners forged fake applications in the name of various institutions, which were not in existence, to obtain mobile connections. Thereafter, the petitioners submitted those applications before the Kannur Municipal Corporation and obtained licence. It is further alleged that the petitioners fabricated the licence of Kannur Municipal Corporation. They also fabricated certificates of other persons.

3. The first petitioner was arrested on 29.1.2019 and Bail Appl..No. 2210 of 2019 -3- the second petitioner was arrested on 30.1.2019 and ever since they have been in custody.

4. Heard.

5. It has been submitted by the learned Public Prosecutor that apart from the above said crime, no other crime has been registered against the petitioners. All the documents have been already seized by the Investigating Officer. It appears that the investigation has been advanced much. In the said circumstances, the further detention of the petitioners is not necessary in this case.

In the result, this application stands allowed and the petitioners shall be enlarged on bail on condition of each of the petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Jurisdictional Court and subject to the following further conditions:

1) The petitioners shall report before the Bail Appl..No. 2210 of 2019 -4- Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

2) The petitioners shall not get involved in any other offence during the pendency of this case.

3) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

sd B. SUDHEENDRA KUMAR, JUDGE.

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