Anoop v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 Bail Appl..No. 6135 of 2015 () ------------------------------- CRIME NO. 581/2015 OF VALLIKKUNNAM POLICE STATION , ALAPPUZHA DISTRICT ------------------------- PETITIONER/ACCUSED :
-------------------------------------- ANOOP, AGED 33 YEARS,S/O.PAVANAJAN, NARAYAMANGALAM HOUSE, KADUVINAL P.O., VALLIKKUNNAM, MAVELIKKARA.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.HARIPRASAD, J.
------------------------------------------------ B.A No.6135 of 2015 ------------------------------------------------ Dated this the 12th day of October, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioner is the accused in Crime No.581/2015 of Vallikunnam Police Station registered for offences punishable under Sections 420 and 471 I.P.C.
3.
Prosecution case, in short, is that the petitioner to avoid paying tax to the government, committed cheating by falsification of the registration number of an earth moving machinery (J.C.B).
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
Learned Public Prosecutor submitted that the authorities came to know that two JCBs' have the same registration number. In the investigation, it is revealed that the petitioner with a view to evade tax fabricated documents to change its registration number. After hearing the counsel on both
B.A No.6135 of 2015 2 sides, I am of the view that pre-arrest bail can be granted to the petitioner with following directions :
1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, the petitioner shall be released on bail on 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 Investigating Officer.
2.
The sureties shall produce documents to establish their identity and solvency.
3.
Petitioner shall appear before the Investigating Officer as and when directed.
4. Petitioner shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, JUDGE.
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