IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH OCTOBER 2007 / 17TH ASWINA 1929 Bail Appl..No. 6115 of 2007() ----------------------------- CRIME NO. 257/2005 OF CHADAYAMANGALAM POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- K.V.SUNIL KUMAR, VENDOR LICENCE NO.QDA 418, PUNALUR, RESIDING AT SUNITHALAYAM, SAM NAGAR P.O., KULATHUPUZHA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No.6115 of 2007 = = = = = = = = = = = = = = Dated this the 9th day of October, 2007 ORDER Application for anticipatory bail. The petitioner is the 2nd accused. He faces allegations for offences punishable, inter alia, under Sec 468 read with 34 IPC. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the Police under Section 156(3) Cr.P.C. The 1st accused is the brother of the de facto complainant. He had allegedly get a document prepared to make it appear that the de facto complainant had assigned his right in his property to another. The petitioner is the document writer. He allegedly prepared the document in question. Accused 3 and 4 allegedly vouched for the identity of the executant as the de facto complainant. Investigation is in progress. The 1st accused has already been granted anticipatory bail by another bench of this Court. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that even if the entire allegations were accepted there is absolutely nothing to indicate the culpability of the petitioner. The petitioner as a document writer prepares documents at the instance of any person who comes to B.A.No.6115 of 2007 2 him. He may not be held responsible for any fraud in the contents of the document. In the absence of any better allegation against the petitioner of any complicity, he does not deserve to endure the trauma of arrest and detention. Anticipatory bail may, hence, be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed. In the facts and circumstances of the case to which I have made brief reference, I am satisfied that the petitioner deserves to be granted anticipatory bail . In the absence of the opposition by the learned Public Prosecutor, it is not necessary to advert to facts in greater detail. I am satisfied that anticipatory bail can be granted to the petitioners. 4. In the result this petition is allowed. The following directions are issued under Sec.438 Cr.P.C i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 16.10.2007. ii) He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself available for interrogation B.A.No.6115 of 2007 3 before the investigating officer between 10 a.m and 3 p.m on 17.10.2007 and thereafter the petitioner shall so appear as and when directed by the investigating officer in writing to do so. (iv) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (v) If he were arrested prior to 16.10.07, he shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16.10.07. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE