IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7269 of 2009() -------------------------------------- CRIME NO.668/2009 OF ETTUMANOOR POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED: ------------------------------------- MUHAMMED P.K., AGED 52 YEARS, PUTHEN VEEDU, PALLURUTHU, ERNAKULAM. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, S.I. OF POLICE, ETTUMANOOR, REP. BY THE PUBLUIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7269 of 2009 ------------------------------------ Dated this the 10th day of December, 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.668/2009 of Ettumanoor Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 465, 466, 471, 472 and 476 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: Accused No. 1 stood as surety for Venkitesh (second accused) in a criminal case. In order to prove that the sureties are having immovable properties, Basic Tax Receipts were produced by the sureties. The learned Magistrate entertained suspicion about the genuineness or otherwise of the tax receipts. On verification by the village authorities, it was found that the Basic Tax Receipts were forged. The case against the petitioner is that he had forged the Basic Tax Receipts. The petitioner was arrested on 8/11/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that B.A. No. 7269/2009 2 the petitioner is suffering from Cancer. Annexure-II series documents were produced to substantiate the contention. 5. Taking into account the facts and circumstances of the case, the 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ettumanoor 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. B.A. No. 7269/2009 3 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 scm