IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6996 of 2011() ----------------------------- MP.1904/2011 of J.M.F.C.,PERUMBAVOOR CRIME NO.641/2006 OF KALAMASSERY POLICE STATION .................... PETITIONER: 6TH ACCUSED ---------------------- BIJU VARGHESE, S/O.LATE VARGHESE, MADATHIL HOUSE, PARAYIL LANE-4, PARAYIL ROAD, ELAMAKKARA, KOCHI-682026. BY ADV. SRI.C.J.JOY SMT.VALSAMMA KURIAN JOSE RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, CBCID EOW-II CRIME 307/CR/SII/06, (CRIME NO.641/ 2006 OF KAMALASSERY POLICE STATION), THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6996 of 2011 ---------------------------------------------- Dated this the 26th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.641 of 2006 of Kalamassery Police Station. 2. The offences alleged against the petitioner are under Sections 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that, using the forged power of attorney of the de facto complainant, accused No.1 transferred the property of the de facto complainant to accused Nos.4 and 5. The allegation against the petitioner is that he is a witness to the document and he was aware of the forgery. The petitioner was arrested on 18/08/2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.6996/2011 : 2 : 5. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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 skj