Rajeshkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 Bail Appl.No. 3254 of 2015 () ------------------------------- CRIME NO.398/2015 OF MARADU POLICE STATION, ERNAKULAM PETITIONER(S)/ACCUSED NO.1:-:
------------------------------------------------ RAJESHKUMAR, AGED 43 YEARS, S/O.MADATHIPARAMBIL KORAN, P.O.KARUKUTTY, ERNAKULAM. BY ADVS.SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT(S)/RESPONDENTS:-:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE MARADU POLICE STATION, ERNAKULAM DISTRICT.
R1 & R2 BY PUBLIC PROSECUTOR SMT.MADHUBEN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bb
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------------------------- -------------------------------------------------------- Dated this the 18th day of June, 2015
O R D E R
This is an application for regular bail by the petitioner who is the first accused in Crime No.398/2015 of Maradu Police Station. The crime is registered under Sections 406, 420, 463, 467, 468, 471, 472, 475, 120(B) read with Section 34 of Indian Penal Code. 2.
The gist of the allegation against the petitioner is that he along with the second accused made false documents and had availed a loan from Kerala State Scheduled Caste and Scheduled Tribe Corporation by submitting forged documents and thereby committed the above offence.
3.
I have heard the counsel for the petitioner as well as the learned Public Prosecutor.
4.
The counsel for the petitioner submitted that he was arrested on 28.05.2015 and is undergoing custody. It is also submitted that the second accused had already been arrested and the investigation in this case is almost over. 5.
Taking into consideration the fact that the petitioner is
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undergoing custody since 28.05.2015, I am inclined to allow this application.
In the result, the bail application is allowed with the following terms and conditions:
1) The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2) He shall surrender his passport before the learned Magistrate and in case he is not holding any passport, he shall file an affidavit stating so, within five days of his release.
3) He shall appear before the Investigating Officer between 10.30 a.m and 11.30 a.m on every 1st and 3rd Saturdays for 4 months or till the final report is filed, whichever is earlier.
4) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
5) He shall not commit any offence while he is on bail. In case of violation of any of the above conditions, the
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learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.
Bb [True copy] P.A to Judge