IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2972 of 2009()
1. P.K.SOMASUNDARAM,PENSIONER,
... Petitioner
Vs
1. THE SHO,WADAKKANCHERY POLICE STATION,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.M.R.VENUGOPAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 2972 OF 2009
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Dated this the 19th June, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioner is accused No.4 in Crime
No.6 of 2005 of Wadakkanchery Police Station.
2. The offences alleged against the petitioner are under Sections
467, 468, 474, 475 and 120(B) of the Indian Penal Code.
3. I have gone through the case diary and the allegations levelled
against the petitioner. The petitioner is a document writer. There are
allegations regarding creation of forged pattayams by several people and
execution of documents on the basis of such forged pattayams. Learned
counsel for the petitioner contended that after retirement as Sub
Registrar, the petitioner was practicing as a document writer and he was
only discharging his functions as a document writer. It is also stated that
there is nothing to indicate that the petitioner has forged any document. It
is not necessary to arrive at a finding or to make any observation in
respect of the contentions put forward by the petitioner, since any such
observation or finding would be prejudicial to either the prosecution or the
accused.
B.A. NO. 2972 OF 2009
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4. Taking into account the facts and circumstances of the case,
the nature of the offence and other circumstances, I am of the view that
anticipatory bail can be granted to the petitioner. There will be a direction
that in the event of the arrest of the petitioner, the officer in charge of the
police station shall release him on bail on his executing bond for Rs.
25,000/- with two solvent sureties for the like amount to the satisfaction of
the officer concerned, subject to the following conditions:
a) The petitioner shall appear before the investigating officer for
interrogation as and when required;
b) The petitioner shall not try to influence the prosecution witnesses
or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;
d) In case of breach of any of the conditions mentioned above, the
bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN)
Judge
ahz/