IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2071 of 2010() ----------------------------- (CRIME NO.27/2010 OF VELLAYIL POLICE STATION, KOZHIKODE DISTRICT) APPLICANTS/ACCUSED NO.3,4,5,6 ------------------------------------------------- 1. SMT.RASEENA.K.R, AGED 27 YEARS, D/O.K.A.RAUF, SHELTER 4/700, JAYANTHI NAGAR COLONY, P.O.BEACH, KOZHIKODE). 2. SMT.RAZIA.K.R., AGED 24 YEARS, D/O.K.A.RAUF, SHELTER 4/700, JAYANTHI NAGAR COLONY, P.O.BEACH, KOZHIKODE). 3. SMT.RAZIYA AHAMMED, D/O.THERIYATH AHMED, AGED 83 YEARS, SHELTER 4/700, JAYANTHI NAGAR COLONY, P.O.BEACH, KOZHIKODE). 4. SMT.FATHIMA RAUF, AGED 44 YEARS, W/O.K.A.RAUF, SHELTER 4/700, JAYANTHI NAGAR COLONY P.O.BEACH, KOZHIKODE). BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING S.I. OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2071 OF 2010 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. Alleged offences are under sections 420, 468, 471 r/w 34 IPC. According to prosecution, a certificate was forged by the petitioners along with other accused purporting to be issued by Thahsildar showing that they are agriculturists. This was for the purpose of purchasing a property in Maharastra by the accused. The said document was seized while income tax raid was conducted in the house of 7th accused. On verification, the document was found to be forged. Hence, a crime was registered against accused 1 to 7 under sections 420, 468, 471 r/w 34 IPC. 3. Learned counsel for the petitioners submitted that all the accused are agriculturists in Kerala and they sought to purchase the property in Maharastra for the purpose of agriculture. A broker was entrusted with purchase of property and a property was purchased through a broker on the strength of the document which is alleged to be forged. Petitioner is not aware that the B.A. No.2071/10 2 document is forged. According to petitioner, it was not difficult for them to get a certificate from the Thahsildar since all the accused are genuine agriculturists. But the alleged forged document was seized by the income tax authorities on a raid conducted in the house of 7th accused, who is the head of the family. On verification of the document, it was found that it was not genuine and hence the crime was registered. Petitioners are 83 year old mother, wife and married daughters of the 7th accused. They have absolutely no connection with any forgery, it is argued, and they are prepared to abide by any condition imposed by this court. 4. Learned public prosecutor submits that petitioners may be directed to appear before the investigating officer for the purpose of interrogation. 5. On hearing both sides, I find that petitioners can be granted anticipatory bail on conditions. 6. Hence the following order is passed: i) Petitioners shall report before the Magistrate court concerned within one week from today and they shall be released on bail on their executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the B.A. No.2071/10 3 satisfaction of the Magistrate court concerned and on condition that they hall co-operate with the investigation. ii) If the petitioners do not appear within the time stipulated, as directed, this petition shall be treated as dismissed. This petition is allowed. K. HEMA, JUDGE. Sou.