IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7566 of 2007()
1. STUART.J.JACOB, AGED 59 YEARS,
... Petitioner
Vs
1. STATE OF KERALA TO BE REPRESENTED BY
... Respondent
For Petitioner :SRI.N.M.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 7566 OF 2007
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Dated this the 14th day of January, 2008
ORDER
Application for anticipatory bail. The petitioner faces
allegations in a crime registered alleging commission of
offences punishable, inter alia, under Sec.468 of the IPC.
There are altogether 14 accused persons arrayed by now. The
petitioner is the 11th accused. The crux of the allegations is
that official records were manipulated to facilitate the claim
for rights on land by some persons. Accused No.4 is the
Village Officer. The petitioner/accused No.11 is a Village
Assistant and accused No.12 is a Village man. The others are
private citizens. The crux of the allegations against accused
Nos.4, 11 and 12 is that accused No.4 was in charge of the
document which is allegedly forged. The petitioner/11th
accused had allegedly taken away one leaf from the Thandaper
B.A.NO. 7566 OF 2007 -: 2 :-
Register and had included another page in that register.
Accused No.12 is alleged to have made certain entries in that
page which was introduced to facilitate the claim of the other
accused for rights over the land. It is submitted that accused
No.4 as well as accused No.5 (who is alleged to have claimed
benefits from the transaction) have already been granted bail.
Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner may also be granted anticipatory bail subject to any
appropriate conditions. His arrest and detention is not
necessary at all. Accused No.4 – his superior, has already been
granted anticipatory bail. Accused No.12, who is alleged to
have made the entires to forge the documents, is continuing
without arrest in service – without even a suspension. The
petitioner is already retired from service. The petitioner shall
co-operate with the Investigator. Subject to any appropriate
conditions, anticipatory bail may be granted to the petitioner,
submits the learned counsel for the petitioner.
3. The learned Public Prosecutor does not admit the fact
that the 12th accused is still continuing in service without
suspension. He wants further time to make specific submissions
B.A.NO. 7566 OF 2007 -: 3 :-
on that aspect. Be that as it may, the learned Public Prosecutor
submits that, in the facts and circumstances of this case, the
State has no objection in anticipatory bail being granted to the
petitioner/11th accused subject to appropriate terms and
conditions which shall safeguard the interests of fair, efficient
and expeditious investigation.
4. I am satisfied, in these circumstances, that anticipatory
bail can be granted to the petitioner. In the absence of
opposition from the learned Public Prosecutor, it is not necessary
for me to advert to the facts in any greater detail in this order.
5. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 21/1/2008. He shall
be released on regular bail on his executing a bond for
Rs.50,000/- with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
(ii) The petitioner shall make himself available for
interrogation before the Investigating Officer between 10 a.m.
and 5 p.m. on 22/1/08, 23/1/08 and 24/1/08. During this period
the Investigator shall be at liberty to interrogate the petitioner in
custody and take all necessary steps for the proper conduct of
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the investigation. Thereafter on all Mondays and Fridays
between 10 a.m. and 12 noon for a period of two months the
petitioner shall make himself available. Thereafter, he shall so
make himself available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so.
(iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioner and deal with him in accordance with law as
if these directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 21/1/08 as directed in clause (i) above, he shall be released
on his executing a bond for Rs.50,000/- without any sureties
undertaking to appear before the learned Magistrate on 21/1/08.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge