IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3482 of 2010() ----------------------------- (CRIME NO 437/2010 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT) APPLICANT/ACCUSED ------------------------------------- MUHAMMED SHAFI, AGED 32 YEARS, S/O. BEERAN HAJI, KALATHILPARAMBU HOUSE, THREPANGODE AMSOM, KAINIKARA DESOM. TIRUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERLA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, TIRUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3482 OF 2010 -------------------------------- Dated this the 2nd day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 465, 471 of IPC. According to prosecution, first and second accused herein created a false ownership certificate for the purpose of obtaining gas connection for second accused. Certificate was purportedly issued by panchayat in respect of the house of second accused. 3. Learned counsel for petitioner submitted that petitioner (A2) and first accused are neighbours. Petitioner is working abroad. He wanted to get electrical connection to his newly constructed house and he approached first accused who is a panchayat member for getting a certificate from panchayat. He arranged the certificate and by producing the same, petitioner got electricity connection to the house. 4. Therefore, petitioner went abroad and came back to India again. On his visit he wanted a certificate for getting gas connection to his house. He approached first accused again. He arranged a certificate, but, petitioner found that there is some difference in the house number shown in the certificate issued and the earlier certificate which was used for getting electricity B.A No.3482 OF 2010 2 connection. Therefore, he made a complaint to the Secretary of the panchayat and also to police believing that there is some malpractice. But, now, petitioner is implicated as second accused and police is taking steps to arrest him. First accused applied for anticipatory bail and it was allowed. Petitioner is absolutely innocent of the allegations made against him. He has only pointed out a malpractice by filing a complaint. 5. Learned Public Prosecutor submitted that first accused is already released on bail. Petitioner may be directed to appear before the Investigating Officer and co-operate with investigation. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed. (1) Petitioner shall surrender before the Investigating Officer within seven days from today. (2) On such surrender, if petitioner is arrested, petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: B.A No.3482 OF 2010 3 (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. Petition is allowed. K.HEMA JUDGE vdv