IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6143 of 2009 CR.NO.157 OF 2009 OF HOSDURG POLICE STATION PETITIONER/ACCUSED NO.5: -------------------------------------------- RAMA @ RAMA MUKHARI, AGED 40 YEARS, S/O.KRISHNA MUKHARI, SURAMBAYAL, LAKSHMVEEDU COLONY, EDANAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE: ----------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.157 OF 2009 OF HOSDURG POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6143 OF 2009 ------------------------------------------------------ Dated this the 23rd day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the fifth accused in Crime No.157 of 2009 of Hosdurg Police Station, Kasaragode District. 2. The offences alleged against the accused persons are under Sections 465, 468, 471, 420 and 120B of the Indian Penal Code. 3. The petitioner was arrested on 29.9.2009. It is submitted that all other accused except accused No.6 were released on bail. 4. The offence is very grave. The gist of the prosecution case is that accused Nos.1 and 2 stood as surety for accused No.3 before the Judicial Magistrate of the First Class I, Hosdurg. After executing the bond, basic tax receipts of the sureties were produced. The learned Magistrate got suspicion about the genuineness of the basic B.A. NO. 6143 OF 2009 :: 2 :: tax receipts. The matter was informed to the police. The First Information Statement was given by the Junior Superintendent of Court. The prosecution case is that the fourth accused committed theft of blank basic tax receipt forms from the Village Offices at Pallikkara, Panayal and Kallar in Kasaragode District. Using these forms, revenue receipts were being forged by the accused persons and unauthorisedly being used for getting bail for several accused persons. 5. The fifth accused is a coolie. He sold his property to the sixth accused Moidu, who is also called Jamyam Moidu. At the instance of Moidu, the allegation is that the petitioner stood as surety in several cases and he received certain amounts for the same. The sixth accused is not arrested so far. Learned counsel for the petitioner submitted that the petitioner is a victim of the crime to some extent. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation and also taking note of the fact that all other accused except accused B.A. NO. 6143 OF 2009 :: 3 :: No.6 were released on bail, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Hosdurg, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/