Sivarajan vs State Of Kerala
2022 Latest Caselaw 10005 Ker

Citation : 2022 Latest Caselaw 10005 Ker
Judgement Date : 31 August, 2022

Kerala High Court

Sivarajan vs State Of Kerala on 31 August, 2022

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                 BAIL APPL. NO. 6195 OF 2022
    CRIME NO.58/2016 OF KOTHAMANGALAM POLICE STATION,
                          ERNAKULAM
PETITIONER/2ND ACCUSED:

            SIVARAJAN
            AGED 54 YEARS, THATTAMPARAMBIL HOUSE,
            KOTHAMANGALAM P.O., THANGALAM, ERNAKULAM
            DISTRICT, PIN - 686691
            BY ADVS.
            S.JIJI
            A.R.ANI


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2       THE POLICE SUPERINTENDENT
            NARCOTIC CELL, ALUVA.
            (INVESTIGATING OFFICER IN CRIME N0. 58/2016
            OF KOTHAMANGALAM POLICE STATION), PIN - 683101

            BY ADV
            SMT.SEETHA.S - SR.PP


        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A. No.6195 of 2022

                                  .. 2 ..




                    VIJU ABRAHAM, J.
          ====================
                  B.A. No.6195 of 2022
          ====================
           Dated this the 31st day of August, 2022

                                ORDER

This is an application for Anticipatory Bail.

2. The petitioner is the 2nd accused in Crime No.58/2016

of Kothamangalam Police Station, Ernakulam alleging commission

of offences punishable under Sections 420, 465, 468 and 471 r/w

Section 34 of the IPC.

3. The prosecution case is that, the 1st accused with the

aid and help of the petitioner herein, forged the signature of one

Binu P. Mathew who is the father of the de-facto complainant

herein and caused to transfer two vehicles into the name of the 1 st

accused in this crime and thereby committed the aforesaid

offences.

4. The learned counsel for the petitioner submitted that

the petitioner is falsely implicated in the above said crime and

originally the crime was only registered against the 1 st accused

and the petitioner herein was not named in the F.I.R. and the

crime was referred as undetected by the police vide report dated B.A. No.6195 of 2022 .. 3 ..

04.06.2016 by the then investigating officer. It seems that the

crime is being re-investigated by the 2 nd respondent, therefore,

the petitioner apprehend arrest. It is further submitted that the

1st accused is already granted bail by this Court as per Anx.A2-

order.

5. The learned Public Prosecutor opposed the application

for bail mainly contending that, it is true that the refer report was

filed earlier but after obtaining the FSL report as per the directions

of the Superintendent of Police, Ernakulam Rural, the case was re-

opened.

6. Having regard to the facts and circumstances of the

case and considering the nature of the allegations, I am inclined

to grant bail to the petitioner subject to stringent conditions.

In the result, this application is allowed. It is directed that the

petitioner shall surrender before the investigating officer on

06.09.2022, at 11 a.m. and shall make himself available for

interrogation on that day or any other day/days as directed by the

investigating officer in the event of arrest of the petitioner in

Crime No.58/2016 of Kothamangalam Police Station, Ernakulam,

the petitioner shall be produced before the jurisdictional B.A. No.6195 of 2022 .. 4 ..

magistrate on the same day and shall be released on bail, subject

to the following conditions:-

(i) Petitioner shall execute bond for a sum of

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

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the

investigating officer in Crime No.58/2016 of

Kothamangalam Police Station, Ernakulam as

and when summoned to do so;

(iii) Petitioner shall not attempt to interfere with

the investigation or to influence or intimidate any

witness in Crime No.58/2016 of Kothamangalam

Police Station, Ernakulam ;