Vijayarajan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Bail Appl..No. 7557 of 2015 () ------------------------------- CRIME NO. 1443/2015 OF KUNNAMKULAM POLICE STATION, TRISSUR DISTRICT --------------- PETITIONER/10TH ACCUSED :

----------------------------------------- VIJAYARAJAN, AGED 60 YEARS, S/O. SANKARANKUTTY, ITHIKKATTE VEEDU, KUNDALIYUR 5TH STONE DESOM, EANGANDIYUR VILLAGE, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT/STATE :

------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7557 of 2015 -------------------------------------------- Dated this the 1st day of December 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 10th accused in Crime No.1443 of 2015 of Kunnamkulam Police station registered for the offences punishable under Secs.420, 465, 467 and 468 read with Sec.34 of the Indian Penal Code, Secs.43 and 66 of the Information Technology Act and Secs.447 and 448 of the Companies Act. Defacto complainant is said to be the Chairman of a company called Punarjani Securities, which is the holding company of Aswini Hospital Ltd. The defacto complainant alleged that the 1st accused forged his digital signature and thereby committed the aforesaid offences. The allegation against the petitioner is that by effecting forgery, he was elected as the Director of the Aswini Hospital Ltd.

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

3. The petitioner moved an application for

Bail Appl. No.7557 of 2015 2 anticipatory bail and was not allowed by this Court. Now the petitioner has surrendered before the investigating officer and is in custody from 20.11.2015 onwards. After hearing both sides and considering the stage of investigation, bail is granted to the petitioner with the following conditions.

i. 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 to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate.

Other documents revealing the solvency of the sureties can also be relied on.

iv. The petitioner shall appear before the

Bail Appl. No.7557 of 2015 3 Investigating Officer for interrogation on all Saturdays between 10.00 a.m. and 11.00 a.m.

until final report is filed.

v. The petitioner shall surrender his passport before the lower court concerned within a period of one week from the date of execution of the bond or if he does not have the same, file an affidavit to that effect.

vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/01/12/2015 P.A. To Judge