IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Bail Appl..No. 3381 of 2009 CRIME NO.317 OF 2009 OF VADAKARA POLICE STATION PETITIONERS/ACCUSED NO.3 -------------------------------------------- VINOD KUMAR,S/O.BALAN, PODAKANDIPARAMBIL HOUSE, ARAKILADU, PUTHOOR P.O. NADAKKUTHAZHA. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3381 OF 2009 ------------------------------------------------------ Dated this the 24th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.317 of 2009 of Vadakara Police Station. 2. The offence alleged against the petitioner is under Sections 468 and 471 of the Indian Penal Code. 3. The prosecution case is that to get electric connection to the house of the first accused, the accused persons concocted an ownership certificate showing that the house number, which really belongs to the de facto complainant, belongs to the first accused. The second accused is a Municipal Councillor and the petitioner is a peon in the Municipality. It is submitted by the learned counsel for the petitioner that accused Nos.1 and 2 were released on bail as per the order passed by the learned Sessions Judge. Learned Public Prosecutor has not received any instruction on that aspect. Petitioner was arrested on 1.6.2009 and he is in judicial custody. 4. Taking into account the facts and circumstances of the case, the B.A. NO. 3381 OF 2009 :: 2 :: duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vadakara, 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 ahz/