IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3240 of 2009() -------------------------------------------- CRIME NO.7/2009 OF MURIKKASSERY POLICE STATION, THODUPUZHA APPLICANT/IIND ACCUSED: -------------------------------------------- SURESH S/O.SASI, AGED 24 YEARS, MECHERYPOIKAYIL HOUSE PADAMUKKAM KARA, VATHYKUDY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING S.I.OF POLICE MURIKKASSERY. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3240 of 2009 ------------------------------------ Dated this the 9th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.7/2009 of Murickassery Police Station, Thodupuzha. 2. The offences alleged against the petitioner are under Sections 120 B, 419, 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code 3. The defacto complainant filed a complaint before the Judicial Magistrate of the First Class, Idukki, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. 4. The allegation made by the defacto complainant is that on 24/12/2008, officials from 'Mahindra and Mahindra' came to her house and informed her that she was liable as a surety on account of loan taken by the second accused in B.A. No. 3240/ 2009 Page numbers respect of a vehicle. On enquiry, it was revealed that the accused persons have stolen the revenue receipts in respect of the property of the defacto complainant, from her house, and created documents by impersonation, to make it appear that the defacto complainant stood as a surety for the loan transactions. 5. Taking into account the facts and circumstances of the 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.25,000/- 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 B.A. No. 3240/ 2009 Page numbers mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm