IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1950 of 2007()
1. M.T.JOSEPH, JUNIOR ACCOUNTANT,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :30/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1950/2007
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Dated this 30th day of March, 2007
O R D E R
The petitioner, who is the accused in Crime
No.15/2007 of Cantonment Police Station, Thiruvananthapuram,
for offences punishable under Sections 381, 468, 471 and 420
IPC, seeks anticipatory bail.
2. The learned Public Prosecutor opposed the
application.
3. The case of the prosecution is that on 25.1.2007, the
petitioner had committed theft of a cheque book and forged the
signature of a pensioner in the cheque leaf and tried to encash a
sum of Rs.3,500/-. The learned Public Prosecutor, on
instructions, further submitted that the petitioner has also
committed similar offence totaling to a sum of Rs.58,500/-.
4. It is too early to accept the petitioner’s contention
that he is falsely implicated in the case. Nevertheless, his
contention that three other members of the staff by name
Christina, Reghu and Vijayakumar, who also had a role in
dealing with the cheque and who were suspended but were
subsequently reinstated and transferred to some other station
B.A.1950/2007
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with a view to make the petitioner a scapegoat is also worth
consideration of the investigating agency.
5. Even though anticipatory bail cannot be granted in a
case of this nature, I am inclined to permit the petitioner to
surrender before the Investigating Officer for interrogation and
then to have his application for regular bail considered by the
Magistrate having jurisdiction.
6. Accordingly, the petitioner is directed to surrender
before the Investigating Officer on any day between 4.4.2007
and 9.4.2007 for the purpose of interrogation. The petitioner
shall, thereafter, be produced on the same day before the
Magistrate having jurisdiction, who shall consider and dispose of
the application, if any, filed by the petitioner for regular bail,
preferably on the same day on which it is filed.
The application is disposed of as above.
V.RAMKUMAR,
JUDGE
mrcs
B.A.1950/2007
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