Jayakrishnan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Bail Appl..No. 6152 of 2015 () ------------------------------- CRIME NO. 882/2015 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT -------------------- PETITIONER/ACCUSED:
------------------------------------- JAYAKRISHNAN, S/O. LATE K.S.MANNADIAR, AGED 65 YEARS, 'NIKUNJAM', MANAPPULLIKKAVU, KUNNATHURMEDU P.O., PALAKKAD DISTRICT.
BY ADVS.SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P RESPONDENT/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERUPULASSERY POLICE STATION, PALAKKAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.HARIPRASAD, J.
------------------------------------------------ B.A No.6152 of 2015 ------------------------------------------------ Dated this the 29th 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.882 of 2015 of Cherupulassery Police Station registered for offences punishable under Sections 406, 420, 468 and 471 I.P.C. 3.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4.
It is alleged by the defacto complainant that the petitioner while supplying some machineries issued forged bills to him and he did not pay value added tax as required under law and thereby cheated the defacto complainant as well as the Government.
5.
Learned counsel for the petitioner submitted that the establishments mentioned in the complaint do not belong to him. Petitioner has no connection with the business establishments. The dispute arose on account of dishonour of a
B.A No.6152 of 2015 2 cheque between the defacto complainant and the petitioner. Learned Public Prosecutor submitted that he used forged invoices and that is a matter of concern. Considering the nature of allegations, following directions are made :
1. Petitioner shall surrender before the investigating officer within a period of one week from today and submit himself for interrogation. In that event, the petitioner 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.
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.
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, amk JUDGE. //True copy// P.A to Judge