Kerala High Court
John Scaria vs State Of Kerala on 18 October, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934
Bail Appl..No. 7341 of 2012 ()
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CRIME NO. 34/2012 OF PERUMPATTY POLICE STATION, PATHANAMTHITTA DISTRICT
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PETITIONERS/ACCUSED 1 AND 2 :
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1. JOHN SCARIA, AGED 69 YEARS
PADALUMANKKAL HOUSE, KOIPURAM, THIRUVALLA TALUK
PATHANAMTHITTA.
2. K.C. SAMUEL, AGED 66 YEARS,
S/O. CHERIAN, KUNTHARAYIL HOUSE,
MALLAPALLY, PATHANAMTHITTA.
BY ADV. SRI.R.SANTHOSH BABU
RESPONDENT/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA (THROUGH SUB INSPECTOR OF POLICE
PERUMPETTY POLICE STATION IN CRIME NO.34/2012)
KOCHI-31.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-10-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.BHAVADASAN, J.
---------------------------------------------------- BA No.7341 of 2012
---------------------------------------------------- Dated this the 18th day of October 2012 Order Pointing out that the complaint made against the petitioners is without any basis, the petitioners have approached this court for pre-arrest bail. It is alleged that the petitioners have been using forged seal of the Indian Pentecostal Church of God, which is a society registered under Act XXI of 1860, for issuing marriage certificates. On the basis of the complaint filed, a crime was registered. The petitioners point out that they are the office bearers of the Sabha as evident from Annexures A to E produced by them.
2. Having heard the learned counsel for the petitioners and the learned Public Prosecutor and also having perused the records and considering the nature of allegations and the counter allegations, it is felt that this is BA 7341/12 2 a fit case warranting exercise of the extra ordinary jurisdiction of this court under S.438 of Cr.PC. Accordingly, this application is allowed as follows :
1. The petitioners shall surrender before the Investigating Officer on or before 03.11.2012, who, after interrogation, shall produce them before the JFCM concerned.
2. On applications being filed by the petitioners before the JFCM concerned, they shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned.
3. The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by the sureties before granting bail to the petitioners.
4. The petitioners shall appear before the Investigating Officer as and when required by him, till final report is filed.
5. The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
6. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied BA 7341/12 3 of the said fact, may take such steps as are available to him in law.
P.Bhavadasan, Judge sta BA 7341/12 4