Jibin Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7133 of 2015 ------------------------------- CRIME NO. 765/2015 OF ALAKODE POLICE STATION, KANNUR DISTRICT. ........

PETITIONER/ACCUSED:

---------------------------------- JIBIN JOSEPH, AGED 22 YEARS, S/O.BENNY, STUDENT, RESIDING AT NELLAMKUZHIYIL HOUSE, UDAYAGIRI P.O., THALIPARAMBU TALUK, KANNUR.

BY ADVS.SRI.BLAZE K.JOSE SRI.M.RAJESH SMT.RESHMA G.MENON RESPONDENT(S)/COMPLAINANTS:

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

2. SUB INSPECTOR OF POLICE, ALAKODE POLICE STATION, PIN - 670 571.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.7133 of 2015 -------------------------------------- Dated this the 17th day of November, 2015

ORDER

Application under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.765 of 2015 of Alakkode Police Station registered alleging offences punishable under Sections 468, 471 and 420 of the Indian Penal Code. He seeks pre-arrest bail. 3.

Prosecution case is that the petitioner forged the signature of his grandfather and after his death got the vehicle belonging to the grandfather transferred in his name.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner who is a student studying for MBA is not involved in this offence. 6.

Learned Prosecutor opposed the bail application contending that the petitioner is involved in another crime and questioning of the petitioner is essential for advancement of the investigation. Considering the entire matters, following directions are issued: i.

Petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.

BA No.7133/2015 Thereafter he shall execute a bond for `25,000/- (Rupees twentyfive 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.765 of 2015 of Alakkode Police Station. ii.

The sureties shall produce documents to establish their identity and solvency. The investigating officer shall not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

iii.

Petitioner shall appear before the investigating officer as and when directed and co-operate with the investigation in the matter. iv.

He shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioner as if no order is passed. A. HARIPRASAD, JUDGE.

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