IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Bail Appl..No. 401 of 2010() ---------------------------- CRIME NO.14/2010 OF PARASSALA POLICE STATION .................... PETITIONER (S): 1ST ACCUSED --------------------------------------------- MANOHAR JAFERSON, S/O.RASALAM, PROVIDENCE, VARIVILEKAM, PARASSALA. BY ADV. SRI.N.MAHESH RESPONDENT(S): COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.401 of 2010 --------------------------------------------- Dated this the 2nd day of February, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.14 of 2010 of Parassala Police Station. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the wife of the petitioner. The petition filed by the de facto complainant would disclose that there are several cases between her and the petitioner. The allegation in the FI statement is that the petitioner claimed that he was in possession of a document executed by the de facto complainant and witnessed by accused Nos.2 and 3. It is stated that no such document was executed by the de facto complainant. It is alleged that if at all there is such a document, it would be a forged document, forging her signature in the document. The prayer in the application is to search and seize that document and to take appropriate action against the accused. 4. Taking into account the facts and circumstances of the BA No.401/2010 2 case, the nature of the offence 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 Rs.10,000/- 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; 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 csl