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.
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B.A. NO. 6143 OF 2009
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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
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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
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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/