IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 3768 of 2009() ----------------------------- CRIME NO.415/2008 OF THIRUVALLA POLICE STATION PETITIONER : 1ST ACCUSED ------------------------------------------ P.K.RAJAN, S/O.KUNJUKUNJU, PULIYALUNKAL, POOVANPARA, KONNI-P.O. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- S.I.OF POLICE, THIRUVALLA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3768 of 2009 --------------------------------------------- Dated this the 8th day of September, 2009 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.415 of 2008 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 260, 420, 427 and 468 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that for the purpose of getting a loan from Thiruvalla Government Employees Co-operative Bank, the petitioner produced fake salary certificates. 4. The learned counsel for the petitioner submitted that for the purpose of getting loan from the society, the employees of BSNL, Thiruvalla used to get the help of one Baby. The necessary certificates and papers were being arranged by him. It is submitted that Baby committed suicide. The petitioner is an employee of BSNL, Thiruvalla. It is also pointed out by the learned counsel for the petitioner that the petitioner has paid back the entire loan amount and closed the loan account on BA No.3768/2009 2 14.5.2008. The FI statement was given only on 5.6.2008. 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 report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, 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; 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl