V.Jayakumar v. Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Bail Appl..No. 5019 of 2015 () ------------------------------- CRIME NO. 957/2012 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. .......

PETITIONER/1ST ACCUSED:

----------------------------------------- V. JAYAKUMAR, S/O.R. VIJAYAGOPALAN NAIR, THYVILA HOUSE, THYVILA ROAD, AYURVEDA COLLEGE ROAD, THIRUVANANTHAPURAM.

BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT.

RESPONDENTS/COMPLAINANT/STATE:

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1. THE STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-695 001.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.C. RASHEED.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

==================== - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the 1st accused in Crime No.957 of 2012 of Museum Police Station, Thiruvananthapuram.

3.

He is accused of having committed the offences under Sections 409, 417, 467, 468, 471, 420, 120B and 34 of the Indian Penal Code.

4.

The prosecution case is that he obtained a loan from Syndicate Bank giving an immovable property as security. The allegation is that the property shown to the bank authorities was a different one. It is further alleged that there is a suspicion that the salary certificate produced by him was a forged one. 5.

Heard.

6.

Learned counsel has shown to me the salary certificate signed by the superior officer concerned. It shows that he is an employee of the Government Press. It appears that detention of the petitioner is not necessary for effective investigation.

-: 2 :- In the result, this application is allowed.

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 if he is arrested by the Police in connection with this case.

2)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

3)He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

5)He shall not intimidate or attempt to influence the witnesses.

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

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

In case of violation of any of the above conditions, the

-: 3 :- learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge