Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 Bail Appl..No. 3229 of 2014 () ------------------------------- CRIME NO. 218/2014 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT. ...... PETITIONERS/ACCUSED NOS.1 TO4 --------------------------------------------------------- 1. CHIRAKKOTTUVALAPPIL KRIPESH KRISHNAN, S/O. KRISHNAN, AGED32YEARS, KAKKADAVU, KOOVERI AMSOM DESOM, KOOVERI P.O., CHAPPARAPADAVU (VIA), TALIPARAMBA TALUK, KANNUR DISTRICT-670 581.
2. CHIRAKKOTTUVALAPPIL KRISHNAN, S/O. KORAN, AGED63YEARS, KAKKADAVU, KOOVERI AMSOM DESOM, KOOVERI P.O., CHAPPARAPADAVU (VIA), TALIPARAMBA TALUK, KANNUR DISTRICT-670 581.
3. CHIRAKKOTTUVALAPPIL NARAYANAN, S/O. KORAN, AGED65YEARS, KAKKADAVU, KOOVERI AMSOM DESOM, KOOVERI P.O., CHAPPARAPADAVU (VIA), TALIPARAMBA TALUK, KANNUR DISTRICT-670 581.
4. CHIRAKKOTTUVALAPPIL GOPALAN, S/O. KANNAN, AGED62YEARS, KAKKADAVU, KOOVERI AMSOM DESOM, KOOVERI P.O., CHAPPARAPADAVU (VIA), TALIPARAMBA TALUK, KANNUR DISTRICT-670 581. BY ADVS.SRI.M.SASINDRAN, SRI.P.K.SUBHASH. RESPONDENTS/COMPLAINANT/STATE : ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER , (CRIME NO.218/2014 OF TALIPARAMBA POLICE STATION), KANNUR DISTRICT-670 141. BY PUBLIC PROSECUTOR MR.DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 3229 of 2014 C ------------------------------------------ Dated this the 23rd day of May, 2014 ORDER
Petitioners are accused nos. 1 to 4 in Crime No.218/2014 of Taliparamba Police Station, Kannur District. Offences alleged are under sections 120B, 468, 471 and 379 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that the property belonged to Kallyani, the sister of the 2nd petitioner herein. Kallyani was laid up, it is alleged. Document was got executed by Kallyani in respect of her property by fraud and coercion, it is alleged.
3. It is submitted by the learned counsel for the petitioners that it is not a case where somebody impersonated or forged the thump impression of Kallyani, but, on the other hand the only allegation is that such a B.A. No. 3229/2014 -2- document was brought about by coercion, fraud, misrepresentation etc. There is a civil suit pending with regard to that property where also very same allegations are made and so the learned counsel submits that it is actually a matter to be decided by the Civil Court.
4. Considering all the aspects the following directions are issued: The petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: a. The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt B.A. No. 3229/2014 -3- about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioners shall surrender their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this B.A. No. 3229/2014 -4- case and will 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. e. The petitioners shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj