IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 2536 of 2009 CRIME NO.825 OF 2008 OF PANDALAM POLICE STATION PETITIONER: ACCUSED --------------------------- LALJIMON, MANGALATH HOUSE, NORRANADU.P.O, MAVELIKKARA. BY ADV. SRI.P.SREEKUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2536 OF 2009 B ------------------------------------------------------ Dated this the 8th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.825 of 2008 of Pandalam Police Station. 2. The offences alleged against the petitioner are under Sections 468, 471 and 420 of the Indian Penal Code. 3. The vehicle belonging to the petitioner met with an accident. In a claim filed before the Motor Accidents Claims Tribunal, the victim in the accident produced a copy of the certificate issued by the Oriental Insurance Company, Ranni showing that the vehicle was covered by valid insurance policy. The Insurance Company, on further scrutiny, came to the conclusion that the policy certificate is a forged one. On a petition filed by the Insurance Company, the crime was registered. It is submitted that, on further enquiry by the insurance company, it was found that the then Manager of the Oriental Insurance Company, Ranni had issued similar forged certificates to several persons and collected amounts from them, but he had not accounted the amount in the Insurance Company. Learned counsel for the petitioner submitted that petitioner is a victim of B.A. NO. 2536 OF 2009 :: 2 :: the forgery and he is not a person involved in the offence. The second accused is the Manager of the Oriental Insurance Company, Ranni. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/