Kerala High Court
N.V.Mathew vs State Of Kerala on 21 October, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
FRIDAY,THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938
Bail Appl..No. 7168 of 2016 ()
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CRIME NO. 516/2016 OF MELUKAVU POLICE STATION, KOTTAYAM DISTRICT
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PETITIONER/2ND ACCUSED. :
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N.V.MATHEW,
AGED 68 YEARS, S/O. VARKEY,
NALLOOKUNNEL HOUSE, KURUMANNU P.O.,
ANTHINADU.
BY SRI.S.SREEKUMAR,SENIOR ADVOCATE
ADVS. SRI.JUSTINE JACOB
SRI.K.S.ARUN KUMAR
SRI.CYRIAC KURIAN
RESPONDENT/COMPLAINANT.:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA , ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. MAYA.M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
K.P.JYOTHINDRANATH J.
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B.A.No.7168 of 2016
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Dated this the 21th day of October, 2016
O R D E R
This is an application filed under Section 438 of the Code of the Criminal Procedure.
2. The petitioner is the 2nd accused in Crime No.516 of 2016 of Melukavu Police Station. When the bail application came up for hearing, the learned counsel for the petitioner submitted before me that the offence alleged is under Sections 471 and 472 r/w Section 34 of IPC. The facts in a nutshell is that the crime is registered by Melukavu Police on a direction given by the Superintendent of Police. The birth certificate of the daughter of the petitioner, who is now in Italy is allegedly forged and thereby committed the offence. It is also submitted that the petitioner is a senior citizen, aged 70 years.
3. The learned Public Prosecutor made available the case diary. From the same, it can be seen that the crime is registered upon a direction from the Superintendent of Police. No other details regarding the alleged forged document is therein. Now, the point raised before me by the learned counsel is that so far there is no allegation that the said document is used for any purpose. Under such circumstances, the petitioner B.A.No.7168 of 2016 2 being the father of the alleged person, in whose name the alleged birth certificate is forged has nothing to do with the said alleged forgery/preparation of false document. Custodial interrogation is not necessary.
4. I specifically enquired to the Prosecutor whether the accused got any connection with any terrorist activities/anti- national activities. There is no such allegation.
5. Under such circumstances, considering the age of the petitioner and no specific role alleged against this petitioner, the following orders are passed.
The petitioner shall appear before the Investigating Officer within ten days of this order. On such appearance, the investigating officer is at liberty to interrogate the petitioner. If the interrogation is not over, he can continue the interrogation on the next day or until he satisfied that interrogation is complete. Thereafter, if any recovery is necessary, that also can be done. Then, if arrested the petitioner shall be released on bail on the following conditions:
1. The petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the officer concerned. B.A.No.7168 of 2016 3
2. The petitioner shall appear before the Investigating Officer on all Wednesdays and Saturdays in between 10 a.m. and 12 noon for a period of two months.
3. The petitioner shall not influence or intimidate the witnesses.
4. The petitioner shall co-operate with the investigation.
It is also made clear that if an application under Section 311A of the Cr.P.C is moved before the concerned Court, the petitioner shall co-operate with the same. It is also further made clear that this granting of anticipatory bail will not bar the Police for conducting any legal search and seizure of any material from any place.
Sd/-
K.P.JYOTHINDRANATH, JUDGE.
AS /True Copy/
P.A. to Judge