Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE23D DAY OF OCTOBER20141ST KARTHIKA, 1936 Bail Appl..No. 7422 of 2014 () ------------------------------- CRIME NO. 3070/2014 OF KODUNGALLUR POLICE STATION, THRISSUR DISTRICT ------------------ PETITIONER/ACCUSED : ------------------------------------ NAZAR, S/O.KUNJUMOIDEEN, AGED49YEARS CHOOLAKKADAVIL, T.K.S.PURAM METHALA VILLAGE, KODUNGALLUR TALUK. BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT : ---------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE S.I.OF POLICE KODUNGALLUR POLICE STATION-695003. BY PUBLIC PROSECUTOR SRI. SREEJITH V.S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2310-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn B.KEMAL PASHA, J.
--------------------------------------- B.A.No.7422 of 2014 ---------------------------------------- Dated this the 23rd day of October, 2014 ORDER
Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.3070 of 2014 of the Kodungallur Police Station registered for the offences punishable under Sections 420 and 465 r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioner is that after entering into an agreement for sale in respect of the property belonging to the de facto complainant by paying an advance amount of Rs.25,000/-, the petitioner has falsely fabricated a document showing that an amount of Rs.6,75,000/- was paid by him to the de facto complainant. It is alleged that by making use of such a document as genuine, the petitioner filed a suit against the de facto complainant, before the Munisiff's Court, Kodungallur as O.S.No.2180 of 2014.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The crime was registered on the basis of a private B.A.No.7422 of 2014 2 complaint filed by the de facto complainant before the Judicial First Class Magistrate's Court- Kodungallur, which was referred to the Police under Section 156(3) of the Code of Criminal Procedure. It is seen that the document in question allegedly forged was produced by the petitioner before the Munisiff's Court, Kodungallur along with the suit.
6. Considering the facts and circumstances of the case and the present stage of the investigation, this court of the view that this is a fit case in which anticipatory bail can be granted to the petitioner. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Thursday and Saturday commencing from 31.10.2014 for a period of three months or till the filing of the final report in this case, B.A.No.7422 of 2014 3 whichever is earlier. (ii) The petitioner shall not tamper with the evidence or influence witnesses. (iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer. (iv) The petitioner shall not involve in any offence while on bail. It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. Sd/- B.KEMAL PASHA, JUDGE. AS /True copy/ P.A. to Judge