G. Sampatha Rao vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.14 in Crime No.300/2022 of Nedumbassery Police Station alleging commission of offence punishable under Section 370, 465, 468, 471 r/w 34 of Indian Penal Code.

The prosecution allegation is that, accused fraudulently and dishonestly committed forgery by making false documents such as Covid - 19 Vaccination certificate and false return tickets to go to Muscat from Nedumbassery Air Port in Air India Express No. IX 443. The accused were found in possession of false documents on 06.05.2022 morning 6.15 hours from Nedumbassery International Airport Departure Terminal and thereby accused committed the above said offence.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 08.05.2022 and that he is continuing in custody. It is also submitted that the petitioner was granted bail by the jurisdictional magistrate on 20.05.2022, as per Annexure A3 order and thereafter a petition for modification was submitted by the petitioner.

The learned Public Prosecutor, upon instructions, submitted that at the time of submission of the above said modification petition, offences punishable under Section 370 IPC is also added and Annexure A5 report to that effect was filed before the jurisdictional magistrate. It is also submitted that since the bail granted was canceled by the jurisdictional magistrate, the petitioner could not be released on the basis of Annexure A3 order. It is further submitted that the petitioner is part of a group who by preparing fraudulent documents, promised job to various persons for which they have no authorisation by the Government. It is also submitted that the petitioner has no other criminal antecedents. The learned Public Prosecutor submitted that the petitioner belongs to the State of Andhra Pradesh and if he is released on bail, his presence could not be secured during the time of trial. Thereupon, the learned counsel for the petitioner submitted that he is ready furnish local sureties.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 08.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. Sureties produced shall belong to the State of Kerala.

(ii) The petitioner shall produce a copy of his ID card before the jurisdictional court within two days of his release.

(iii) The petitioner shall report before the Investigating Officer on all Tuesdays and Saturdays between 8.00 a.m and 12 noon, for a period of four months or till filing of final report, whichever is earlier, from the date of his release.

(iv) The Petitioner shall not leave Ernakulam district without prior permission from the jurisdictional court.

(v) The petitioner shall surrender his passport before the jurisdictional court or file an affidavit if he does not have passport, within two days of his release.

(vi) The petitioner shall not get involved in similar offences while on bail.

(vii) The petitioner shall co-operate with the investigation and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.300/2022 of Nedumbassery Police Station may file an application before the jurisdictional court, for cancellation of bail.