Kerala High Court
Unknown vs By Advs.Sri.M.Ramesh Chander (Sr.) on 11 May, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 11TH DAY OF MAY 2018 / 21ST VAISAKHA, 1940
Bail Appl..No. 3165 of 2018
CRIME NO. 1390/2014 OF VATTIYOORKAVU POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/2ND ACCUSED (UNDER CUSTODY)
FRANCIS EDISON,
AGED 69 YEARS, S/O.A.FRANCIS,
40/3170A, LISSIE ROAD, KOCHI,
(MANAGING DIRECTOR, SILPPI REALTORS,
AND CONTRACTORS PVT. LTD.)
BY ADVS.SRI.M.RAMESH CHANDER (SR.)
SMT.K.A.SANJEETHA
SRI.BALU TOM
RESPONDENT(S)/STATE:
THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IAP
A.M.BABU, J.
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B.A.No.3165 of 2018
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Dated this the 11th day of May, 2018
ORDER
Petitioner seeks bail under section 439 of Cr.P.C. He is the second accused in crime No.1390/2014 of Vattiyoorkavu police station in Thiruvananthapuram district. He allegedly committed offences punishable under sections 406, 465, 466, 468, 471 and 474 of IPC read with IPC 34.
2. Heard Sri. Ramesh Chander, the learned senior counsel for the petitioner and Sri.Amjad Ali, the learned public prosecutor.
3. The prosecution case is that a certificate of Nirmithi Kendra was forged and the same was used as genuine. According to the prosecution, the third accused was the person who forged the document. It is alleged that the petitioner instigated the third accused to forge it. The prime accused, namely, the third accused, has already been released on bail. In the circumstances, it does not appear to be necessary for the completion of the investigation to keep the petitioner in custody who has been in custody since 30.4.2018. I therefore allow the application.
B.A.No.3165 of 2018 2
5. The application is allowed. The petitioner shall be released on bail on his executing a bond for b935,000/- (thirty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. The petitioner shall co-operate with the investigation. He shall make himself available for interrogation if so required. He shall report to the investigating officer between 10 am and 11 am on every Friday for a period of one month or till the filing of the final report, whichever is earlier . He shall not intimidate or attempt to influence witnesses. Nor shall he try to destroy or tamper with evidence. He shall not attempt to interfere with the investigation in any manner. He shall surrender his passport before the learned magistrate within a period of 10 days from the date of his release from custody. If he does not have a passport, he shall file an affidavit to that effect before the said court within the said period of 10 days. The learned magistrate is hereby empowered to cancel the bail in the event of violation of any of the conditions mentioned above.
Sd/-
A.M.BABU JUDGE IAP //True Copy\\ P.A to Judge