IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 7566 of 2007() ----------------------------- CRIME NO.139/07 OF CB CID, IDUKKI, THODUPUZHA. PETITIONER: ----------------------- STUART.J.JACOB, AGED 59 YEARS, S/O.LATE JOHNSON, VALIYAVILA HOUSE, SOORYANELLI P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: ------------- STATE OF KERALA TO BE REPRESENTED BY THE DETECTIVE INSPECTOR, CRIME BRANCH CID, IDUKKI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 7566 OF 2007 ------------------------------------------------- Dated this the 14th day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging commission of offences punishable, inter alia, under Sec.468 of the IPC. There are altogether 14 accused persons arrayed by now. The petitioner is the 11th accused. The crux of the allegations is that official records were manipulated to facilitate the claim for rights on land by some persons. Accused No.4 is the Village Officer. The petitioner/accused No.11 is a Village Assistant and accused No.12 is a Village man. The others are private citizens. The crux of the allegations against accused Nos.4, 11 and 12 is that accused No.4 was in charge of the document which is allegedly forged. The petitioner/11th accused had allegedly taken away one leaf from the Thandaper B.A.NO. 7566 OF 2007 -: 2 :- Register and had included another page in that register. Accused No.12 is alleged to have made certain entries in that page which was introduced to facilitate the claim of the other accused for rights over the land. It is submitted that accused No.4 as well as accused No.5 (who is alleged to have claimed benefits from the transaction) have already been granted bail. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner may also be granted anticipatory bail subject to any appropriate conditions. His arrest and detention is not necessary at all. Accused No.4 – his superior, has already been granted anticipatory bail. Accused No.12, who is alleged to have made the entires to forge the documents, is continuing without arrest in service – without even a suspension. The petitioner is already retired from service. The petitioner shall co-operate with the Investigator. Subject to any appropriate conditions, anticipatory bail may be granted to the petitioner, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not admit the fact that the 12th accused is still continuing in service without suspension. He wants further time to make specific submissions B.A.NO. 7566 OF 2007 -: 3 :- on that aspect. Be that as it may, the learned Public Prosecutor submits that, in the facts and circumstances of this case, the State has no objection in anticipatory bail being granted to the petitioner/11th accused subject to appropriate terms and conditions which shall safeguard the interests of fair, efficient and expeditious investigation. 4. I am satisfied, in these circumstances, that anticipatory bail can be granted to the petitioner. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 21/1/2008. He shall be released on regular bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 22/1/08, 23/1/08 and 24/1/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of B.A.NO. 7566 OF 2007 -: 4 :- the investigation. Thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months the petitioner shall make himself available. Thereafter, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 21/1/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 21/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge