Ajayan vs The State Of Kerala on 6 December, 2018

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Kerala High Court

Ajayan vs The State Of Kerala on 6 December, 2018

Bench: Sunil Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

 THURSDAY, THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

                     Bail Appl..No. 7766 of 2018

   CRIME NO. 3174/2017 OF ADOOR POLICE STATION, PATHANAMTHITTA



PETITIONER/ACCUSED NO.3:

               AJAYAN,
               AGED 45 YEARS
               VADAKKAN VILAKAM VEEDU,
               CHERUNNIYOOR VILLAGE,
               VARKALA, THIRUVANANTHAPURAM.

               BY ADV. SRI.M.R.SASITH



RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM 682 031.

      2        THE SUB INSPECTOR,
               ADOOR POLICE STATION,
               PATHANAMTHITTA DISTRICT 695 001.



               SR.PP CHANDRASENAN


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No. 7766 of 2018

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                                 O R D E R

The petitioner is the 3rd accused in Crime No.3174/2017 of Adoor Police Station, Pathanamthitta for offences punishable under Sections 120B, 463, 464, 468 & 34 of IPC. The allegation of the prosecution is that the petitioner along with few other accused, created a forged document dated 31.05.2016 in the form of an agreement for sale. Crime was registered and apprehending arrest, petitioner seeks bail.

2. It seems that the 2nd accused was granted bail by order in B.A.No.5331/2018, copy of which is produced as Annexure A4. It seems that a civil suit was filed and is pending. The allegation against the petitioner is that he is a witness to the attestation of the document. Necessarily, he has signed it as a person acknowledging the identity of the executor.

3. However, considering the fact that a Bail Appl..No. 7766 of 2018 3 civil suit is pending and that the co-accused was granted bail, I am inclined to grant the benefit of pre-arrest bail to the petitioner.

Hence, the anticipatory bail application is allowed on the following conditions:

(i) Petitioner shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of ₹40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

(ii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

(iii) He shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

Bail Appl..No. 7766 of 2018

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(iv) He shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

Sd/-

SUNIL THOMAS, JUDGE Pn 07/12

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