IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8322 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5668/2011 Dated 19/07/2011 Crime No.1457 of 2010 of chalakudy Police Station. .................... PETITIONERS ------------------------------- 1. RAJAN, S/O.CHELLAPPAN, KULAKKODU HOUSE, THIRUMALA VILLAGE,THIRUVANANTHAPURAM 2. SUDHEESH KUMAR, S/O.SUKUMARAN NAIR, PAVITHRA NAGAR,MEDAMUKKU, T/C 41/213 NO. HOUSE OF SINDHU, NASAR HOUSE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.1457/2010 OF CHALAKKUDY POLICE STATION, THRISSUR DISTRICT. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8322 OF 2011 --------------------------------- Dated this the 4th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.1457 of 2010 of Chalakudy Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 465, 466, 471, 472, 473 and 475 of the Indian Penal Code. 3. The petitioners were arrested on 19.5.2011 and they were remanded to judicial custody. Their application for bail was dismissed by this Court in B.A.No.4752 of 2011 on 23.6.2011. The learned Single Judge who dismissed the Bail Application held that if the petitioners were released on bail, B.A.No. 8322 OF 2011 2 they would definitely influence and intimidate the prosecution witnesses. It was also held it was likely that the petitioners would make themselves scarce and flee from justice. 4. The prosecution case against the petitioners is that they stood as sureties for the accused in C.C.No.532 of 2010 on the file of the Court of the Judicial Magistrate of the First Class, Chalakkudy and got the accused therein released on bail. For the purpose of furnishing security, the petitioners produced revenue receipts purportedly issued by two Village Officers. They also produced electoral identity cards before the Court to prove their identity. On verification by the learned Magistrate, it was found that the revenue receipts and the electoral identity cards were forged and fabricated ones. On a complaint made by the Sheristadar of the Court, Crime No.1457 of 2010 was registered. The petitioners were arrested. As stated earlier, their Bail Application was dismissed by the learned Magistrate as well as by this Court . Even after the dismissal of B.A.No.4752 of 2011, it would appear that the petitioners moved for bail before the trial court and that application was dismissed on 6.7.2011 by the learned B.A.No. 8322 OF 2011 3 Magistrate. 5. Learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 20.5.2011. 6. Bail Application No.5668 of 2011 filed by the petitioners was dismissed by the order dated 19.7.2011. As per that order, a direction was issued to complete the trial of the case expeditiously. It is submitted that application for transfer of the case is pending and no final orders have been passed. 7. Taking into account the fact that the petitioners are in judicial custody since 19.5.2011 onwards, I am inclined to grant bail to petitioners on stringent conditions. 8. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount and who shall produce solvency certificate to the satisfaction of B.A.No. 8322 OF 2011 4 the Magistrate having jurisdiction, subject to the following conditions : A) The petitioners appear before the officer who laid the charge on alternate Mondays, till the trial of the case is over. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE. cms