IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6731 of 2011() ----------------------------- CRMP.2397/2011 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.199 OF 2011 OF VANDANMEDU POLICE STATION, IDUKKI DT. .................... PETITIONERS/ACCUSED: -------------------- 1. R. PALANIYANDY, AGED 64 YEARS, S/O. RAJAMANI PILLA, DOOR NO. 165, NORTH CAR STREET, UTHAMAPALAYAM TOWN, UTHAMAPALAYAM TALUK, THENI DISTRICT, TAMIL NADU. 2. R. VELLAYAPILLA, AGED 60 YEARS, S/O. RAJAMANI PILLA, DOOR NO. 165, NORTH CAR STREET, UTHAMAPALAYAM TOWN, UTHAMAPALAYAM TALUK, THENI DISTRICT, TAMIL NADU. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------- THE S.I OF POLICE, VANDANMEDU POLICE STATION, IDUKKI. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6731 OF 2011 --------------------------------- Dated this the 2nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 and 2 in Crime No.199 of 2011 of Vandenmedu Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 465 and 468 read with 34 of the Indian Penal Code. 3. The allegation is that the petitioners forged the signature of their sister, who owned three and odd acres of land and created an agreement for sale in favour of one Baby. Baby filed a suit for specific performance as O.S.No.43 of 2010 of Kattappana Sub Court, in which the agreement was produced. Since the dispute regarding the genuineness or otherwise of the agreement is involved in the B.A. No.6731 OF 2011 2 suit, I am of the view that anticipatory bail can be granted to the petitioners. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/-(Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed; B) The petitioners shall cooperate with the investigation and they shall provide the specimen signature, specimen handwriting and specimen thumb impression before the Investigating agency for the purpose of investigation. C) The petitioners shall appear before the investigating officer for interrogation as and when required; D) The petitioners shall not try to influence the B.A. No.6731 OF 2011 3 prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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. cms