IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3441 of 2008()
1. SALIMAN @ SHAJI , S/O. MUTHUNAYAKOM
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3441 of 2008
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Dated this the 10th day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. According to prosecution, petitioner is implicated in a
crime registered under Sections 420, 465, 468, 471, 419 and 120B
of Indian Penal Code. It is alleged that accused 1 and 2 offered
themselves as sureties for an accused before a Court and produced
fake and forged documents for getting bail. It is further alleged that
the forged documents were handed over by the petitioner to the
accused. Therefore, the petitioner is also required for arrest in
connection with the case.
2. Learned counsel for petitioner submitted that he is totally
innocent of the allegations made. He has not given any document to
the accused in this case. He pointed out that between 21.1.2008
and 4.4.2008 he was in judicial custody in connection with another
case and during this period he could not have handed over any
document as alleged by the prosecution. But, according to
prosecution, about 2 = months prior to 28.3.2008, (the date on
which the accused was questioned), the document was handed over
by the petitioner to the accused.
BA.3441/08 2
3. This petition is strongly opposed. On hearing both sides, I
perused the case diary. The only material available against
petitioner is the alleged confession statement before the police. But
the case diary contains corrections, erasure and overwriting
wherever the petitioner’s name is mentioned. I am satisfied that
this is a fit case to grant anticipatory bail to the petitioner.
Hence, the following order is passed:
The respondent shall release the petitioner in the event of his
arrest on his executing a bond for Rs.25,000/- with two solvent
sureties each for the like sum to the satisfaction of the arresting
officer.
This petition is allowed.
K.HEMA, JUDGE
vgs.