S.Pradeep v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Bail Appl..No. 7712 of 2015 -------------------------------------- CRIME NO. 3640/2015 OF KAYAMKULAM POLICE STATION, ALAPPUZHA ------------------------- PETITIONER(S)/ACCUSED:

-------------------------------------- S.PRADEEP, AGED 40 YEARS, S/O. SUKUMARAN, MADHAVAM VEEDU, MAHADEVIKADU MURI, KARTHIKAPPALLY VILLAGE.

BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S):

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 11th day of December, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the 5th accused. Originally the crime was registered in Kayamkulam Police Stations as Crime No.3640 of 2015. Now, CBCID has taken over investigation. Crime number is CBCID Crime 174/CR/APC/TVM/15. The offences alleged are punishable under Sections 120(B), 406, 468, 471 and 420 r/w Section 34 of the Indian Penal Code.

3. Prosecution case is that the accused persons in furtherance of their common intention to cheat the defacto complainant and others, made them to believe that they would get job in Police department and induced them to deliver money for preparing forged documents and Government seals.

4.

Heard both sides.

5.

Learned Public Prosecutor opposed the bail

application. According to him, the petitioner is involved in similar offences. He is a Civil Police Officer. He is now under suspension.

6.

Considering entire the facts and circumstances of the case and the stage of investigation, I am inclined to grant bail to the petitioner with the following conditions: (a) The petitioner shall be released on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) The petitioner shall appear before the Investigating Officer on all Mondays between 10.00 a.m and 11.00 a.m. until the

final report is filed.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge