IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 2972 of 2009 CRIME NO.6 OF 2005 OF WADAKKANCHERY POLICE STATION \PETITIONER/ACCUSED NO.4; -------------------------------------- P.K.SOMASUNDARAM,PENSIONER, AGED 70 YEARS,PANAPARAMBIL HOUSE, P.O.PERINGOTTUKARA,THRISSUR DISTRICT. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENTS: --------------- 1. THE SHO,WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2972 OF 2009 ------------------------------------------------------ Dated this the 19th June, 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.4 in Crime No.6 of 2005 of Wadakkanchery Police Station. 2. The offences alleged against the petitioner are under Sections 467, 468, 474, 475 and 120(B) of the Indian Penal Code. 3. I have gone through the case diary and the allegations levelled against the petitioner. The petitioner is a document writer. There are allegations regarding creation of forged pattayams by several people and execution of documents on the basis of such forged pattayams. Learned counsel for the petitioner contended that after retirement as Sub Registrar, the petitioner was practicing as a document writer and he was only discharging his functions as a document writer. It is also stated that there is nothing to indicate that the petitioner has forged any document. It is not necessary to arrive at a finding or to make any observation in respect of the contentions put forward by the petitioner, since any such observation or finding would be prejudicial to either the prosecution or the accused. B.A. NO. 2972 OF 2009 :: 2 :: 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/