IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 3668 of 2010() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2071/2010 CRIME NO. 27/2010 OF VELLAYIL POLICE, KOZHIKODE DISTRICT .................... PETITIONER/2ND ACCUSED: --------------------------------- KHAIRUNNISA, W/O. RAMLI, VILLA NO.55, SKYLINE MEDEOWS, P.O.ERANHIPALAM, CALICUT. BY ADVS. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SI OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3668 of 2010 ----------------------------- Dated this the 27th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 420, 468, 471 r/w 34 IPC. According to prosecution, a certificate was forged by the petitioner, along with other accused, purporting to be issued by Thahsildar showing that they are agriculturists. This was for the purpose of purchasing a property in Maharastra by the accused. The said document was seized while income tax raid was conducted in the house of 7th accused. On verification, the document was found to be forged. Hence, a crime was registered against accused 1 to 7 under sections 420, 468, 471 r/w 34 IPC. 3. Petitioner is accused no.2 in the crime. Learned counsel for the petitioner submitted that all the accused are agriculturists in Kerala and they sought to purchase the property in Maharastra for the purpose of agriculture. A broker was entrusted with purchase of property and a property was purchased through a broker on the strength of the document which is alleged to be B.A. No. 3668 / 2010 2 forged. 4. Petitioner is not aware that the document is forged. According to petitioner, it was not difficult for accused to get a certificate from the Thahsildar since all the accused are genuine agriculturists. But the alleged forged document was seized by the income tax authorities on a raid conducted in the house of 7th accused, who is the head of the family. On verification of the document, it was found that it was not genuine and hence the crime was registered. 5. Learned counsel for petitioner also submitted that similarly placed female accused were granted anticipatory bail by this court. They are accused nos. 3, 4, 5 and 6. Petitioner is also a female member of the family and she has no connection with any forgery. She is prepared to abide by any condition that may be imposed by this court, it is submitted. 6. Learned Public Prosecutor submitted that similarly placed accused are granted anticipatory bail and he has no objection in granting anticipatory bail. But, petitioner may be directed to appear before the investigating officer for the purpose of interrogation, it is submitted. B.A. No. 3668 / 2010 3 7. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall, in the event of her arrest be released on bail on her executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i). Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioner shall not influence or intimidate any witness or tamper with the evidence. 2. This order will be in force only for a period of 20 days from today. In the meantime, whether petitioner is arrested or not she shall seek regular bail from the court concerned in accordance with law. This petition is allowed. K. HEMA, JUDGE ln