IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3240 of 2009()
1. SURESH
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3240 of 2009
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Dated this the 9th day of July, 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 the 2nd accused in Crime No.7/2009 of Murickassery Police
Station, Thodupuzha.
2. The offences alleged against the petitioner are
under Sections 120 B, 419, 420, 465, 468 and 471 read with
Section 34 of the Indian Penal Code
3. The defacto complainant filed a complaint before
the Judicial Magistrate of the First Class, Idukki, which was
forwarded to the police for investigation under Section 156(3)
of the Code of Criminal Procedure. The crime was accordingly
registered.
4. The allegation made by the defacto complainant is
that on 24/12/2008, officials from ‘Mahindra and Mahindra’
came to her house and informed her that she was liable as a
surety on account of loan taken by the second accused in
B.A. No. 3240/ 2009
Page numbers
respect of a vehicle. On enquiry, it was revealed that the accused
persons have stolen the revenue receipts in respect of the
property of the defacto complainant, from her house, and
created documents by impersonation, to make it appear that the
defacto complainant stood as a surety for the loan transactions.
5. 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
B.A. No. 3240/ 2009
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mentioned above, the bail shall be liable to be
cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
scm