IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 2868 of 2010() ----------------------------- (CRIME NO.852/2006 OF KASARGOD POLICE STATION) PETITIONERS/2ND ACCUSED ------------------------------------------- MAJOR SUSHIL GOEL (RETD), AGED 56 YEARS, S/O.S.P.GOEL, MEMBER SECRETARY OF PCTI EDUCATIONAL SOCIETY, DELHI, RESIDING AT KD-246, PITAM PURA, DELHI-110 034. BY ADV. SRI.R.S.KALKURA SRI.HARISH GOPINATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2868 OF 2010 -------------------------------- Dated this the 8th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 468 and 471 of IPC. According to prosecution, the petitioner is the Secretary of an educational society and he is the second accused and has allegedly forged degree certificates issued in favour of the first accused. The first accused is a degree holder for obtaining a job, he had produced the same before another institution. When the authenticity of the document was verified, it was reported by the Registrar of University in a foreign country that the document is not issued by the university. Therefore, on a complaint made by the de facto complainant, crime was registered. 3. Learned counsel for the petitioner submitted that petitioner is only the Secretary of the society and there is no specific allegation that he has committed forgery of any specific document. Petitioner is a cronic patient since 2003. In January 2007 he had an episode of black out and he sustained multiple fracture in both arms and he was treated as an in-patient in a hospital. Similar episodes reccurred thereafter, and he is under continuous medication. He is also advised to inplant pace maker B.A No.2868 OF 2010 2 for heart problems which was detected during investigation. Various medical records are produced which will establish that he has recurrence of similar episodes of black out etc. 4. According to petitioner, he has no direct involvement in issuance of any degree certificate. The certificates are issued by the university to the students directly through the study centers. Petitioner or the society has no connection in the actual issuance of certificate. Society is only acting in accordance with the Memorandum of Understanding (Annexure A3) which is executed between the society and the Pro Vice Chancellor of University. Though the Registrar has denied execution of Memorandum of Understanding or any other document with the society, the Pro Vice Chancellor who signed in Annexure A3 has not denied the same so far. 5. It is also pointed out that in the light of the details in the medical records, this court was pleased to direct the petitioner to report before the Investigating Officer for the purpose of interrogation. Petitioner appeared before the Investigating Officer as directed and he was interrogated. Learned Public Prosecutor submitted that petitioner was interrogated by the police and on the peculiar facts of the case, the respondent has no objection in granting anticipatory bail, B.A No.2868 OF 2010 3 but conditions may be imposed. 6. On hearing both sides, considering the peculiar facts and circumstances of the case and the fact that the interrogation is over and that the respondent has no objection in granting anticipatory bail, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed. (1) Petitioners shall surrender before the Magistrate Court concerned within fourteen days from today. (2) On such surrender, petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. B.A No.2868 OF 2010 4 (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. (iii) If the petitioner does not surrender before the Magistrate Court within the time stipulated, this order will be treated as dismissed. Petition is allowed. K.HEMA JUDGE vdv