K.T. Thomas vs State Of Kerala And Ors

Application for anticipatory bail under Section 438 of Cr.P.C. The applicant is the 2nd accused in Crime No.198/2021 of Punalur Police Station, Kollam for having allegedly committed offences punishable under Sections 468 and 471 r/w Section 34 of IPC.

The prosecution case, in brief, is this:- The 1st accused is the wife of the de facto complainant and alleged to be the former staff of the applicant who is running a hospital. The 1st accused wanted a certificate of experience from him and accordingly, he has allegedly forged a certificate of experience and issued it to the 1st accused and with the help of that, she secured a job in Ireland using that certificate. It is stated that on the basis of the complaint filed by the de facto complainant, the crime was registered. The applicant apprehends arrest and has therefore approached this Court for anticipatory bail.

The applicant states that the 1st accused in fact did work in his institution and he has issued a certificate of experience to her and that he has no criminal antecedents. He is willing to cooperate with the investigation. He is a 76-year-old man with a good reputation. He is a Director of St.Thomas Hospital at Punalur and he is a physician by profession and that he is not involved in any criminal activities and therefore seeks pre-arrest bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned counsel appearing for the applicant submits that the 1st accused is now abroad on the basis of the certificate that was issued by the applicant and that it was only after verification that the certificate was accepted and that it is not a forged certificate as alleged by the prosecution. He is willing to cooperate with the investigation. There is no possibility of his fleeing from justice. Considering these facts and circumstances, I find that custodial interrogation of the applicant may not be necessary. He is willing to cooperate with the investigation. Hence, the applicant is directed to surrender before the investigating officer within two weeks. In the event of his arrest, after interrogation, he shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on following conditions:

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not attempt to influence the witnesses or tamper with evidence.

(iii) He shall not get involved in any other similar crimes during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.