Jithin Dev v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl.No. 4979 of 2015 -------------------------------------- CRIME NO. 909/2015 OF ANCHAL POLICE STATION, KOLLAM ..........

PETITIONER(S)/ACCUSED NO.5:

---------------------------------------------- JITHIN DEV, AGED 32, S/O VASUDEVA KURUP, PALLUTHURUTHIL HOUSE, IRAVICHIRA WEST, SOORANADU SOUTH, KUNNATHUR, KOLLAM.

BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENT(S):

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

==================== B.A.No.4979 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the 5th accused in Crime No. 909 of 2015 of Anchal Police Station, registered for offences punishable under Sections 120(b), 468, 471, 380, 506(i) and 420 read with Section 34 of the Indian Penal Code.

3.

It is alleged that accused 1 to 8 with an intention to cheat the de facto complainant conspired together and created forged bills causing loss to the de facto complainant by taking away articles in the shop belonging to the de facto complainant. 4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

According to the learned counsel for the petitioner, this is a false case registered against the petitioner on previous enmity. It is also submitted that a civil case and offences under Section 138 of N.I.Act are pending between parties. Considering the nature of allegations and the stage of investigation, I find that following directions will meet the ends of

B.A.No. 4979 of 2015 -: 2 :- justice.

In the result, this application is allowed.

(a)The petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation and thereafter, he shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer. In that event, he shall be released on bail in Crime No.909 of 2015 of Anchal Police Station. (b)The petitioner shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c)He shall not intimidate or influence the witnesses. (d)He shall not get himself involved in any other criminal case while he is on bail.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional Magistrate. Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge