Sivadasan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 Bail Appl..No. 7680 of 2015 () ------------------------------- CRIME NO. 1443/2015 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT. ......

PETITIONER/1ST ACCUSED:

----------------------------------------- SIVADASAN, S/O.KARUNAKARAN NAIR, AGED 57 YEARS, KALATHINGAL HOUSE, PUNNAYURKULAM, KUNNAMKULAM, THRISSUR DISTRICT.

BY ADV. SRI.R.PARTHASARATHY.

RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM - 680 503, THRISSUR DISTRICT.

BY PUBLIC PROSECUTOR SMT.R. REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7680 of 2015 -------------------------------------- Dated this the 2nd day of December, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

First accused in Crime No.1443 of 2015 of Kunnamkulam Police Station registered for offences punishable under Sections 420, 465, 467 and 468 read with Section 34 of the Indian Penal Code and Sections 43 and 66 of the Information Technology Act and Sections 447 and 448 of the Companies Act is the petitioner. He seeks bail. 3.

It is alleged that the petitioner along with other accused committed forgery and cheating by creating the digital signature of the defacto complainant. Defacto complainant is the chairman and managing director of two companies.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that some of the accused in the crime have been released on bail by this Court as per order on B.A.No.7557 of 2015 dated 01.12.2015.

Considering the facts and circumstances, bail is granted to the petitioner with same conditions. Hence the following order:

BA No.7680/2015 i.

The petitioner shall be released on bail on his executing a bond for `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 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.

BA No.7680/2015 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.

A. HARIPRASAD, JUDGE.

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