High CourtsSingle Bench(2010) 07 KL CK 0036

E. Jamal Mohammed vs State of Kerala and The Sub Inspector of Police

High Court Of Kerala · Decided on 14 July 2010

HON’BLE JUDGES
K. Hema, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 3827 of 2010

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Judgment

10 paragraphs · 352 words

K. Hema, J.—This petition is for anticipatory bail.

2.

The alleged offences are under Sections 420, 468, 120B r/w Section 34 of IPC. According to prosecution, first accused applied for the post of Junior Assistant in KSFE and he obtained job. Subsequently, it was noticed that the provisional certificate submitted by the accused was forged one and he had passed the required examination only subsequently. Petitioner who is a relative of accused is implicated as second accused who helped first accused to forge the document.

3.

Learned Counsel for Petitioner submitted that Petitioner is aged 70 years and he is a relative of first accused. He had raised objection when first accused eloped with a man to wreak vengence, first accused stated to the police when she was questioned that Petitioner is also having involvement in the offence. Petitioner appeared before the Investigating Officer on 03/07/2010 as per the direction of this Court and he has explained all the details to the Investigating Officer.

4.

This petition is not opposed. Learned Public Prosecutor submitted that Petitioner was questioned by Investigating Officer when he reported before him as per the direction of this Court. It is also submitted that in the light of the statement given, some more investigation may be required and hence, Petitioner may be directed to appear before the Investigating Officer once in a week.

5.

On hearing both sides, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed.

(1) Petitioner shall, in the even of arrest, be released on bail on his executing a bond for Rs. 10,000/-

(Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions:

(i) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m and 1 p.m for a period of two months and co-operate with investigation.

(2) This order will be in force only for a period of 15 days from today. In the mean time Petitioner shall seek regular bail from the court concerned.

Petition is allowed.