Rajesh T.V vs State Of Kerala
2021 Latest Caselaw 14451 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE K.HARIPAL
      TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                      BAIL APPL. NO. 4046 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 550/2021 OF DISTRICT COURT &
                   SESSIONS COURT,THRISSUR, THRISSUR
PETITIONER/S:

          RAJESH T.V.
          AGED 39 YEARS
          S/O.VIJAYAN, THEKKOOT HOUSE, THAZHEKKD DESOM,
          THAZHEKKAD VILLAGE, THRISSUR DISTRICT.

          BY ADV V.BINOY RAM



RESPONDENT/S:

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




          ADV.SMT. SREEJA V., PUBLIC PROSECUTOR




    THIS   BAIL  APPLICATION HAVING  COME  UP  FOR
ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4046 OF 2021
                                        2

                                    ORDER

This is an application filed under Section 438 of the

Cr.P.C seeking anticipatory bail. The petitioner is the sole

accused in Crime No. 1567 of 2020 of Irinjalakuda police station

in Thrissur district. The crime was registered alleging offence

punishable under Sections 465, 468, 471 of the I.P.C.

2. It is alleged that the petitioner is the holder of a driving

license issued by the Sub Regional Transport Officer, Irinjalakkuda.

According to the learned counsel for the petitioner, the driving

license was issued in the year 2005 ; he obtained it through agent

one Joshy. Thereafter, in 2008 he went to Persian Gulf for

employment and continued abroad till the year 2015 . The validity

period of the driving license expired in 2020. He had used the

driving license for all purpose as genuine one, bonafide believing

its genuineness ; it was obtained through proper channel. He has

no connection with any foul play allegedly committed in forging

the document. The learned counsel also submits that the license

was issued after following all the procedural formalities. Now the

matter was raised only when he had submitted the driving license

for renewal.

BAIL APPL. NO. 4046 OF 2021

3. The learned Public Prosecutor submits that the

petitioner had committed forgery, it was created by forging the

signature and seal of the issuing authority. This was revealed at the

time of submitting the licence for renewal. On the basis of the

complaint received from the Sub Regional Transport Officer, the

crime was registered.

4. Certainly the alleged offence was committed in the year

2004, when the said driving license was issued by forging the

documents. At this distant time, after 17 years, it is doubtful that

custodial interrogation of the petitioner would serve any purpose.

The petitioner is a carpenter by profession. In normal case the

licence must have been obtained with the help of some agent. After

long lapse of time, we cannot assume that entire mischief was done

by the petitioner himself. Involvement of other person also will

have to be probed into. The learned counsel submits that he shall

co-operate with the investigation.

In the circumstances, the petitioner shall be at liberty to

surrender before the Investigating Officer within ten days from

today and will make himself available for interrogation; in the

event of arrest, he shall be released on bail on executing bond for BAIL APPL. NO. 4046 OF 2021

Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties

each for the like sum to the satisfaction of the Investigating Officer;

he shall co-operate with the investigation, shall not try to contact or

influence the witnesses or tamper with the evidence and shall not

involve in any crime during the period on bail.

Bail Application is allowed as above.

SD/-

K.HARIPAL JUDGE

rps/