Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 BAIL APPL. NO. 5347 OF 2023 CRIME NO.904 OF 2023 OF ANCHAL POLICE STATION, KOLLAM PETITIONER/2ND ACCUSED: VENU AGED 55 YEARS, S/O SIVARAMAN, CHIRAYIL PUTHENVEEDU, MALLOOR COLLEGE P.O., KOLLAM DISTRICT, NOW RESIDING AT: CHIRAYIL PUTHENVEEDU, KURUMBANKARA P.O., ENADHIMANGALAM, PATHANAMTHITTA DISTRICT, PIN - 689695 BY ADV MANOJ RAMASWAMY RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031 2 THE STATION HOUSE OFFICER ANCHAL POLICE STATION, KOLLAM DISTRICT, PIN - 691306 BY SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
ORDER
Dated this the 25th day of October, 2023 Apprehending arrest in Crime No.904/2023 of Anchal Police Station, Kollam, registered for offences punishable under Sections 420, 465, 468, 471 and 419 r/w Section 34 of the Indian Penal Code, the 2nd accused has filed this application under Section 438 of the Code of Criminal Procedure.
2. The prosecution case is that the petitioner along with the
other accused was instrumental in the preparation of a settlement deed by forging certain documents in the name of a person who is no more and thereby committed the above alleged offences.
3. The learned counsel for the petitioner contended that the prosecution allegations are false and the offences against the petitioner will not lie and therefore, he cannot be roped in as an accused
4. I have considered the rival contentions.
5. It is seen that this Court had granted an interim order, by
order dated 14.8.2023, directing the petitioner to surrender before
the investigating officer within a period of two weeks from today, for subjecting himself to interrogation. It is further ordered that, in :3: the event of arrest, the petitioner shall be released on bail on the very same day of surrender upon the petitioner executing a bond for Rs 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.
6. The learned counsel for the petitioner submits that
pursuant to the above order, the petitioner had appeared before the Investigating Officer as directed and has been released on bail. The said order was in force for a period of four weeks.
7. In such circumstances, I am inclined to pass an order
making the earlier interim order absolute, subject to the following conditions:
(i) The petitioner shall cooperate with the Investigating Officer and shall appear as and when directed by the Investigating Officer.
(ii) The petitioner shall not intimidate or attempt to influence the witnesses, tamper with any evidence, or get involved in similar offences while on bail.
(iii) The petitioner shall not leave India without permission of the jurisdictional court. :4:
(iv) In case of violation of any of the above conditions,
the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. Sd/- MOHAMMED NIAS C.P., JUDGE
mtk :5: APPENDIX OF BAIL APPL. 5347/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE F.I.R ALONG WITH THE STATEMENT OF THE COMPLAINANT DATED 23.06.2023 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR Annexure A2 TRUE COPY OF THE LETTER DATED 05.05.2023 ISSUED BY THE DEPUTY INSPECTOR GENERAL OF REGISTRATION ALONG WITH THE COMPLAINT OF SRI.VASUDEVAN SANTHOSHKUMAR Annexure A3 TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY INSPECTOR GENERAL OF REGISTRATION