IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 2667 of 2011() ---------------------------------- (CRIME NO.883/2010 OF KOLLAM WEST POLICE STATION, KOLLAM DISTRICT) .... PETITIONES/ACCUSED NOS. 1 & 2 ----------------------------------------- 1. VASANTHA RAJAN, SREE NANDANAM, DECENT JUNCTION, CHENDAPUR, KOLLAM DISTRICT. 2. RAJENDRAN, S/O.KRISHNAN, VENDUVILA AYYEN, PUNTHALATHAZHEM, VADAKKEVILA, KOLLAM DISTRICT. BY ADVS. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LATHA K. THANKAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ------------------------------------- BA No.2667 of 2011 ------------------------------------- Dated this the 10th day of May 2011 Order This is a petition filed under Section 438 of the Criminal Procedure Code for anticipatory bail. 2. The petitioners are the accused in Crime No.883/2010 of Kollam West Police Station for the offences punishable under Ss.406, 407, 471 r/w 34 IPC. The allegation against them is that they forged the cheque issued by the de facto complainant. 3. Considering all the aspects, the following directions are issued : The petitioners shall surrender before the learned Magistrate having jurisdiction over the area, within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application in accordance with law. In the meanwhile if the petitioners are arrested, they shall be released on BA No.2667/11 2 bail on their executing bond for Rs.75,000/- (Rupees Seventy Five Thousand only) each with two solvent sureties each for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on further conditions as stated below. 1. The accused shall make themselves available for interrogation by the investigating officer and that they should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today. 2. The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. BA No.2667/11 3 3. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. 4. The accused and the sureties shall not leave the jurisdiction of the JFCM Court concerned, without the prior permission of the learned Magistrate. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K.Balakrishnan, Judge sta BA No.2667/11 4