IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5498 of 2011() ----------------------------- OS.293/2010 of MUNSIFF COURT, VAIKOM CMP.1912/2011 of J.M.F.C.,VAIKOM CRIME NO.288/2011 OF VAIKOM POLICE STATION .................... PETITIONER :ACCUSED -------------------- GEORGE VARGHESE ALIAS GEORGE.K.VARGHESE, ADVOCATE,HIGH COURT OF KERALA,ERNAKULAM, KARITHANAM HOUSE,THEKKENADA.P.O,NADUVILE VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT. BY ADV. SRI.P.S.KRISHNA PILLAI SMT.S.ANJUSHA RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS,HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER,POLICE STATION VAIKOM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5498 of 2011 ---------------------------------------------- Dated this the 12th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.288 of 2011 of Vaikom Police Station. 2. The offences alleged against the petitioner are under Sections 467, 470 and 471 of the Indian Penal Code. 3. The prosecution case is that the accused forged and fabricated a Will as if it was executed by his father and used this document as a genuine one in civil proceedings. 4. The learned counsel for the petitioner submitted that the Petitioner filed O.S.No.293 of 2010 on the file of the Munsiff's Court, Vaikom for a declaration that the gift deed executed by the father in favour of the first defendant is null and void. In that case, the Petitioner relied on the Will in question. It is submitted that the de facto complainant is the 3rd defendant in that suit. The learned counsel for the petitioner also submitted that the de facto complainant and another filed O.S.No.144 of 2010 on the file of the Munsiff's Court, Vaikom in which the petitioner is a party and in that case also the question of genuineness of the Will is involved. Bail Appln.No.5498/2011 : 2 : It is submitted that an application was filed by the de facto complainant to send the disputed Will for examination by an expert and that application is pending. During the pendancy of the suit and the applications thereunder, the de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the Police under Section 156(3) of the Code of Criminal Procedure and the crime was registered. The petitioner apprehends arrest in the case. 5. Taking into account the facts and circumstances of the case, the nature of the offences 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 `10,000/-(Rupees Ten thousand only) 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. Bail Appln.No.5498/2011 : 3 : 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 skj