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Kerala High Court

R.Jaikrishnan @ Jayakrishnan Nair R vs State Of Kerala on 19 February, 2014

Author: M.L.Joseph Francis

Bench: M.L.Joseph Francis

       

  

  

 
 
                    IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                                PRESENT:

               THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

      WEDNESDAY, THE 19TH DAY OF FEBRUARY 2014/30TH MAGHA, 1935

                                 BAIL APPL..NO. 978 OF 2014 ()
                                -----------------------------------------------


       CRIME NO. 1074/2013 OF KAREELAKULANGARA POLICE STATION ,
                                              ALAPPUZHA

PETITIONER/ACCUSED:
----------------------------------

           R.JAIKRISHNAN @ JAYAKRISHNAN NAIR R., AGED 47 YEARS
           CHANDRAMANGALAM, KRISHNA SREE, ARPOOKKARA
           KOTTAYAM

           BY ADVS.SRI.B.RAMAN PILLAI (SR.)
                         SRI.R.ANIL
                         SRI.M SUNILKUMAR
                         SRI.SUJESH MENON V.B.
                         SRI.T.ANIL KUMAR
                         SRI.MANU TOM
                         SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
                         SRI.M.VIVEK

RESPONDENT/COMPLAINANT:
---------------------------------------------

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR
           HIGH COURT OF KERALA.

            BY PUBLIC PROSECUTOR SHRI V.S. SREEJITH

            THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:




AS



                   M.L.JOSEPH FRANCIS, J.
            -----------------------------------------------
             Bail Application No. 978 of 2014
            -----------------------------------------------
                 Dated 19th February, 2014

                             O R D E R

Petitioner is the accused, in Crime No.1074 of 2013 of the Kareelakulangara Police Station registered for the offences punishable under Sections 468, 471, 409 and 420 of the Indian Penal Code.

2. The allegation is that the petitioner was working as General Manager of the Co-operative Spinning Mills from January 2010 onwards by producing forged qualification certificates.

3. Public Prosecutor opposed the anticipatory bail application. C.D perused.

4. Learned Senior counsel for the petitioner submitted that in 1985 the petitioner obtained Diploma in Textile Technology with First class awarded by Kerala State Board of Technical Education, on successful completion of three year course from Central Polytechnic, Trivandrum.

5. Learned Senior counsel for the petitioner submitted that on 26.09.1990 after working in private textile mills in Tamil Nadu, petitioner applied and obtained selection and was appointed as Supervisor at Trichur Co-operative Spinning Mills, B. A.No. 978 of 2014 2 one among the 14 co-operative spinning mills established in the state of Kerala in the Public Sector and which is working under the Industries Department, State of Kerala. Invoking clause 6 of the order of appointment petitioner was transferred to various other Co-operative Societies in the State during the course of his service.

6. Learned Senior counsel for the petitioner submitted that on 26.11.2009 the Government of Kerala was pleased to accord sanction to depute the petitioner, who was then working as Maintenance Supervisor at Trichur Co-operative Spinning Mills as General Manager of Aleppey Co-operative Spinning Mills for a period of one year.

7. Considering the facts and circumstance of the case I am of the view that arrest and detention of the petitioner is not required for the purpose of investigation. Hence this petition is allowed.

It is hereby directed that in the event of arrest of the petitioner in connection with the above case, he shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioner is directed to appear before the Investigating Officer as and when required. It is made clear B. A.No. 978 of 2014 3 that if the petitioner surrenders before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, the petitioner shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioner is directed to appear before the Investigating Officer as and when required.

Sd/-

                            M.L.JOSEPH FRANCIS, JUDGE

AS                                      /True Copy/

                                        P.A. to Judge