IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6793 of 2009 CRIME NO.514 OF 2009 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONERS: ACCUSED NOS.1 & 2: -------------------- 1. C.K.RAJENDRAN, PALAKKULATH HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT. 3. C.K.RAVEENDRAN, KAYYALAKKATHU USHUS, KAITHAKODI P.O., KOTTATHUR, RANNI, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6793 OF 2009 ------------------------------------------------------ Dated this the 23rd day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.514 of 2009 of Koipuram Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 420, 465, 467 and 471 read with Section 34 of the Indian Penal Code. 3. The third respondent filed a complaint before the Magistrate's Court which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The allegation is that the accused persons forged the signature in a Will to make it appear that it was executed by the deceased, father of the petitioners as well as the third respondent. It is submitted by the learned counsel for the petitioners that three civil suits are pending between the parties. B.A. NO. 6793 OF 2009 :: 2 :: 5. 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 petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, for a period of one month; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/