IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 7095 of 2008(B) ----------------------------------------- (CRIME NO. 108/2008 OF CHEEMENI POLICE STATION) ............ PETITIONER: ------------------- SAJEEVAN.P., S/O.RAMAN NAIR KORAN NIVAS, AZHIKODE, KANNUR-9. BY ADV. SRI.P.NARAYANAN. RESPONDENT: ---------------------- STATION HOUSE OFFICER, CHEEMENI POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7095 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 465, 468, 471 and 420 IPC. According to prosecution, 2nd accused, for the purpose of getting driving licence, forged certain documents purported to be issued from the school and the forgery was committed by him using fake seal of the school and the signature. 3. Learned counsel for petitioner submitted that petitioner is running a driving school in Kasaragod and he is a resident of Kannur. He is not regularly visiting driving school in Kasaragod. One of his former employee by name Rajan used to create document, as per the information received by him. Petitioner is no way connected with the document seized and hence, petitioner may be granted anticipatory bail., it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, it is the petitioner who had forged the document and hence, it is not proper to grant anticipatory bail. It is also pointed out that petitioner was directed by this Court to surrender before the Investigating BA 7095/08 -2- Officer for interrogation and he, accordingly, appeared before the Investigating Officer and though he was questioned, nothing has come out to support his innocence and hence, this petition is opposed. 5. On hearing both sides, in a case of this nature, I am not inclined to grant anticipatory bail, especially since there are only bare assertions of innocence and those could not be probablised by any materials. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.