High Court Kerala High Court

Santhoshkumar vs State Of Kerala on 22 June, 2010

Kerala High Court
Santhoshkumar vs State Of Kerala on 22 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3620 of 2010()


1. SANTHOSHKUMAR, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :22/06/2010

 O R D E R
                             K.HEMA, J.
            ----------------------------------------------
               Bail Application No.3620 of 2010
            ----------------------------------------------
                     Dated 22nd June, 2010.

                              O R D E R

This petition is for bail.

2. The alleged offences are under Sections 120B, 420,

465, 468 and 471 read with Section 34 of the Indian Penal Code.

According to prosecution, petitioner(A5) committed forgery by

creating false Demand Drafts by using cheque leaves. This was

done for the purpose of producing before the Check Post, when

live chicken was being transported in bulk from different parts of

Tamil Nadu to Kerala. The Demand Drafts were produced towards

Value Added Tax to be paid by dealers while transporting live

chicken from other States to Kerala. A huge loss to the tune of

Rs.14 crores was caused to the Government. The offences were

detected when the Demand Drafts were sent to Bank.

3. Petitioner was taken into custody on 30.1.2010. 25

cases were registered against him. The arrest of petitioner in this

case was recorded on 28.4.2010. In all the cases together,

petitioner is in custody for the past about five months. Learned

Public Prosecutor submitted that he has no objection in granting

BA NO. 3620/10 2

bail, taking into consideration the stage of investigation and the

fact that certain co-accused were granted bail. Petitioner himself

was granted bail in some other cases.

4. On hearing both sides, I am satisfied that bail can

be granted to petitioner on conditions. Hence, the following order

is passed :

Petitioner shall be released on bail on his executing a

bond for Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like sum to the

satisfaction of the court concerned, on the following

conditions :

(i) Petitioner shall report before the Investigating

Officer on every Monday and Thursday

between 10 a.m. and 1 p.m. for a period of

two months and thereafter, on every

Monday, until charge sheet is filed or until

further orders.

(ii) Petitioner shall not influence or intimidate

any witness or tamper with evidence.

BA NO. 3620/10 3

(iii) In case the petitioner is involved in any

offence of similar nature, his bail is liable to

be cancelled.

Petition is allowed.

K.HEMA, JUDGE.

tgs