IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 398 of 2009() ---------------------------------------- (CRIME NO.506/2004 OF KOLLAM EAST POLICE STATION (CRIME NO. 195/CR/2005 OF CRIME BRANCH, KOLLAM) ........ PETITIONERS/ACCUSED 4 & 5 --------------------------------------------- 1. P.S.RAGHAVAN ACHARI, AGED 75, S/O.SANKARAN ACHARI, "SADMAM", AYATHIL P.O. KOLLAM - 17. 2. C.SOMAN, AGED 63, S/O.CHANDRASEKHARAN, PUTHUVAYALIL VEEDU, AYATHIL P.O. KOLLAM - 17. BY ADV. MR.S.SANTHOSH KUMAR RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, CRIME BRANCH, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 398 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections According to prosecution, de facto complainant is the owner of 37 cents of property, by virtue of a gift deed executed by her husband. But, after the death of her husband, accused 1 to 5 forged Will by which the same properties are shown to be bequeathed in favour of 1st accused. Accused 4 and 5 signed the Will as attestors and thereby they committed the offences. 3. Learned counsel for petitioners submitted that petitioners have not committed any offence. They stood as witness only at the request of deceased Vasudevan. The Will is a genuine one. Accused 1 to 3 were granted bail by this Court. Hence, petitioners may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations, Will is a forged one and the case is being investigated into. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that considering the serious nature of the allegations made, this is not a fit case BA 398/09 -2- to grant anticipatory bail. Regarding the manner in which Will is allegedly forged, interrogation of petitioners who are alleged attestors would be required and hence, I am not inclined to grant anticipatory bail. Petitioners are bound to surrender and co-operate with the investigation. Crime was registered as early as in 2008. 6. Hence, the following order is passed:- 1) Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court, since on the facts in this case, this Court ordered that this is not a fit case to grant anticipatory bail and any order to the contrary in any subsequent anticipatory bail application will amount to review, which is impermissible in law. The petition is dismissed. K.HEMA, JUDGE. mn.