High Court Kerala High Court

Sajeevan.P. vs Station House Officer on 28 January, 2009

Kerala High Court
Sajeevan.P. vs Station House Officer on 28 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7095 of 2008()


1. SAJEEVAN.P., S/O.RAMAN NAIR
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER
                       ...       Respondent

                For Petitioner  :SRI.P.NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :28/01/2009

 O R D E R
                           K. HEMA, J.
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                     B.A. No. 7095 of 2008
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           Dated this the 28th day of January,2009

                            O R D E R

Petition for anticipatory bail.

2. The alleged offences are under sections 465, 468, 471

and 420 IPC. According to prosecution, 2nd accused, for the

purpose of getting driving licence, forged certain documents

purported to be issued from the school and the forgery was

committed by him using fake seal of the school and the

signature.

3. Learned counsel for petitioner submitted that

petitioner is running a driving school in Kasaragod and he is a

resident of Kannur. He is not regularly visiting driving school in

Kasaragod. One of his former employee by name Rajan used to

create document, as per the information received by him.

Petitioner is no way connected with the document seized and

hence, petitioner may be granted anticipatory bail., it is

submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that as per the case diary, it is the petitioner who had

forged the document and hence, it is not proper to grant

anticipatory bail. It is also pointed out that petitioner was

directed by this Court to surrender before the Investigating

BA 7095/08 -2-

Officer for interrogation and he, accordingly, appeared before

the Investigating Officer and though he was questioned, nothing

has come out to support his innocence and hence, this petition is

opposed.

5. On hearing both sides, in a case of this nature, I am not

inclined to grant anticipatory bail, especially since there are only

bare assertions of innocence and those could not be probablised

by any materials.

Hence, petitioner is directed to surrender

before the Magistrate court concerned or before the

Investigating Officer without any delay and co-

operate with the investigation. Whether he surrenders

or not, police is at liberty to arrest him and proceed in

accordance with law.

With this direction, this petition is dismissed.

K.HEMA, JUDGE.

mn.