Viswanathan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 Bail Appl..No. 2395 of 2015 () ------------------------------- CRIME NO. 118/2015 OF VANDIPERIYAR POLICE STATION. .......

PETITIONER:

------------------- VISWANATHAN, S/O.GOPALAN, AGED 53 YEARS, RESIDING AT VALIAPARAMBIL HOUSE, NAYARAMBALAM P.O, ERNAKULAM DISTRICT- 682 509. BY ADV. SRI.K.V.BHASI.

RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VANDIPERIYAR POLICE STATION, IDUKKI DISTRICT, THROUGH THE PUBLIC PROSECUTOR.

BY PUBLIC PROSECUTOR SMT.REMA. R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2395 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 409, 465, 468, 471, 120B of Indian Penal Code.

3.

He is the Joint Block Development Officer, Azhutha Block Panchayath. Under the Indira Avas Yogana - Bhavana Nirmana Padhathi certain persons were selected as beneficiaries. The allegation is that the petitioner made false list of beneficiaries and distributed to them the benefits under the scheme.

4.

Heard.

5.

The learned counsel for the petitioner submits that the list was prepared by the Panchayath and not by the Block Panchayath. The probability cannot be ruled out. So I am inclined to grant him anticipatory bail. In the result, this application is allowed.

1.

The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/-

B.A. No.2395 of 2015 (Rupees Twenty five thousand only) with two solvent sureties for the like sum each if he is arrested by the police in connection with this case.

2.

He shall appear before the investigating officer for interrogation if he is so required by him in writing. 3.

He shall not get himself involved in any other criminal case while he is on bail.

4.

He shall not intimidate or attempt to influence the witnesses.

5.

He shall not destroy or tamper with evidence. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge