High Court Kerala High Court

Rama @ Rama Mukhari vs State-Represented By Public … on 23 October, 2009

Kerala High Court
Rama @ Rama Mukhari vs State-Represented By Public … on 23 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6143 of 2009()


1. RAMA @ RAMA MUKHARI, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. STATE-REPRESENTED BY PUBLIC PROSECUTOR
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.K.P.HARISH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :23/10/2009

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 6143 OF 2009
              ------------------------------------------------------
             Dated this the 23rd day of October, 2009


                                 O R D E R

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is the fifth accused in Crime

No.157 of 2009 of Hosdurg Police Station, Kasaragode District.

2. The offences alleged against the accused persons are

under Sections 465, 468, 471, 420 and 120B of the Indian Penal

Code.

3. The petitioner was arrested on 29.9.2009. It is submitted

that all other accused except accused No.6 were released on bail.

4. The offence is very grave. The gist of the prosecution case

is that accused Nos.1 and 2 stood as surety for accused No.3 before

the Judicial Magistrate of the First Class I, Hosdurg. After executing

the bond, basic tax receipts of the sureties were produced. The

learned Magistrate got suspicion about the genuineness of the basic

B.A. NO. 6143 OF 2009

:: 2 ::

tax receipts. The matter was informed to the police. The First

Information Statement was given by the Junior Superintendent of

Court. The prosecution case is that the fourth accused committed

theft of blank basic tax receipt forms from the Village Offices at

Pallikkara, Panayal and Kallar in Kasaragode District. Using these

forms, revenue receipts were being forged by the accused persons

and unauthorisedly being used for getting bail for several accused

persons.

5. The fifth accused is a coolie. He sold his property to the

sixth accused Moidu, who is also called Jamyam Moidu. At the

instance of Moidu, the allegation is that the petitioner stood as surety

in several cases and he received certain amounts for the same. The

sixth accused is not arrested so far. Learned counsel for the

petitioner submitted that the petitioner is a victim of the crime to

some extent.

6. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the petitioner,

the nature of the offence and the present stage of investigation and

also taking note of the fact that all other accused except accused

B.A. NO. 6143 OF 2009

:: 3 ::

No.6 were released on bail, I am of the view that bail can be granted

to the petitioner.

7. The petitioner shall be released on bail on his executing

bond for Rs.15,000/- with two solvent sureties for the like amount to

the satisfaction of the Judicial Magistrate of the First Class – I,

Hosdurg, subject to the following conditions:

a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on alternate Mondays,
till the final report is filed or until further orders;

b) The petitioner shall appear before the investigating
officer for interrogation as and when required;

c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.

(K.T.SANKARAN)
Judge

ahz/