Gireesh K.S vs State Of Kerala
2023 Latest Caselaw 139 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                    BAIL APPL. NO. 5831 OF 2022
        Crime No.632/2022 of Vadakara Police Station,
PETITIONER/ACCUSED:

          GIREESH K.S
          AGED 42 YEARS
          S/O.SURENDRAN NAIR, SREEVASAM HOUSE, CHINGAPURAM
          POST, THIKKODI, PIN - 673529
          BY ADVS.
          JOBY CYRIAC
          KURIAN K JOSE

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
OTHER PRESENT:

          PP - SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.5831 of 2022                :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.5831 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 6th day of January, 2023

                                    ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.632/2022 of

Vadakara Police Station, alleging commission of offences

punishable under Sections 420, 468 and 471 of the Indian Penal

Code.

3. The prosecution allegation is that, the petitioner secured

employment as teacher by furnishing false M.Ed Degree

Certificate.

4 .The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. It is

the specific case of the petitioner that he is working as a teacher

from 17.06.2019 onwards. He was terminated from service by

Annexure A2 order. The petitioner challenged the same by filing

W.P. (C) No.22722/22, and the same is pending consideration. The

petitioner further submits that he is having valid certificates issued

by the University and to substantiate the same, he has produced

Annexures A3 and A4 certificates.

5. When the matter was taken up for consideration on earlier

occasion on 01.11.2.2022, the petitioner was directed by this Court

to appear before the investigating officer and make himself

available for interrogation. When matter was taken up for

consideration today, the learned Public Prosecutor upon

instructions submitted that the petitioner has duly appeared before

the investigating officer and co-operated with the investigation.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, 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 12.01.2023, at 11

a.m, and subject himself for interrogation on that day and on any

other day/days as directed by the investigating officer. The

petitioner shall co-operate with the investigation. In the event of

arrest in Crime No.632/2022 of Vadakara Police Station, he shall

be produced before the jurisdictional Court on the very same day

and shall be released on bail, subject to the following conditions:-

(i) Petitioner shall execute a 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) The petitioner shall appear before the

investigating officer in Crime No.632/2022 of

Vadakara Police Station, , on every Saturday, at 11

am, until the filing of the final report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.632/2022 of Vadakara Police

Station, as and when summoned to do so;

(iv) The petitioner shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in Crime No.632/2022 of Vadakara Police

Station,;

(v) The petitioner shall not involve in any other crime

while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.632/2022 of Vadakara Police

Station, may file an application before the jurisdictional Court, for

cancellation of bail.

It is made clear that it is within the power of the police to

investigate the matter and if necessary to effect recoveries on the

information if any given by the petitioner, even when the petitioner

is on bail as per the judgment of the Apex Court in Sushila

Aggarwal and others v. State(NCT of Delhi) and

another(2020(1)KHC 663).

Sd/-

VIJU ABRAHAM JUDGE sm/