IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1878 of 2009 -------------------------------------- (CRIME NO. 124/2008 OF BEKAL POLICE STATION) .................... PETITIONER/2ND ACCUSED: ----------------------------------------- HAMZA, S/O.ABDULLAKUNHI, CHENDATHODI HOUSE, NEKARJE VILLAGE. BY ADV. SMT.T.SUDHAMANI. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------------- B.A. No.1878 OF 2009 ---------------------------------------------- Dated 21st April, 2009. ORDER Petitioner is the 2nd accused in crime No.124/2008 of Bekal police station in which the allegation is that he along with other accused committed the offence punishable under sections 457, 380, 461 read with Section 34 IPC. Connected with the said allegation, the petitioner herein was arrested on 19.3.2009 and he is under judicial custody thereafter. Hence, he seeks regular bail. As he was already in custody from 8.3.2009 in crime No.157/2009 of Hosdurg police station, he was produced in court on 19.3.2009 and the arrest was recorded in the present crime. 2. The allegation against the petitioner is that in between 25.2.2008 at 17 hours and 26.2.2008 at 9.45 hours, the petitioner along with others broke open the lock of Panayal Village Office at Panayal in Panayal village and committed theft of receipt book and stock book kept in the shelf and table. The basic tax receipt was found to be forged B.A.NO.1878/09 -:2:- to obtain bail from various courts. It is submitted that the petitioner is innocent and hence sought for bail. 3. I have heard learned counsel for the petitioner as well as the learned Public Prosecutor, who strongly opposed the bail application. 4. From Annexure-I order, it appears that the accused along with other accused in crime No.157/2009 of Hosdurg police station produced fake basic tax receipts all over Kerala to release several accused in different cases especially in theft cases. It is also the allegation that during investigation, it reveals that two books from Panayal village and Pallikkere village have been stolen and using those books, fake basic tax receipts are manipulated. The above allegation is very serious in nature. By commission of the said offence and also by manipulating fake basic tax receipts, the accused has indirectly interfered with the administration of justice which cannot be tolerated and liable to be dealt with all seriousness. Accordingly, the prayer is rejected. B.A.NO.1878/09 -:3:- In the result, there is no merit in the petition and hence the same is dismissed. V.K.MOHANAN, JUDGE kvm/-