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A.V. BABY, AGED 40 YEARS versus STATE OF KERALA

High Court of Kerala

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A.V. BABY, AGED 40 YEARS v. STATE OF KERALA - Bail Appl No. 4879 of 2007 [2007] RD-KL 15473 (13 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4879 of 2007()

1. A.V. BABY, AGED 40 YEARS,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.C.PRABIN BENNY

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :13/08/2007

O R D E R

R. BASANT, J.

B.A. Nos. 4879 & 4977 of 2007

Dated this the 13th day of August, 2007

ORDER

Applications for regular bail. The petitioners are accused 2 and 3. Altogether, there are three accused persons. The allegations in a nutshell is that the 1st accused forged a Demand Draft showing the same as payable to the 2nd accused. The said draft was collected in the account of the 2nd accused. The draft was presented in the account of the 2nd accused by the 3rd accused. The 2nd accused by a cheque had withdrawn the amount from the account. That cheque was encashed by the 3rd accused. It is the case of the prosecution that accused 1 to 3 had acted in furtherance of their common intention. The petitioners were arrested on 2/7/07. They continue in custody from that date. They face allegations, inter alia, under Secs.468 and 471 and 498-B and C of the IPC. Investigation is in progress. The 1st accused has not been apprehended so far. The 1st accused is allegedly involved in other similar crimes. B.A. NOs. 4879 & 4977 of 2007 -: 2 :-

2. The learned counsel for the petitioners submit that the petitioners are absolutely innocent. The 3rd accused is an employee of the 1st accused and the 2nd accused has been a victim of the machinations of the 1st accused. He had promised to make a financial facility available to the 2nd accused and had obtained a blank cheque from the 2nd accused. He had misutilised the said cheque. The petitioners have no responsibility whatsoever for such culpable conduct of the 1st accused. At any rate, the petitioners, who have been continuing in custody from 2/7/07, may now be enlarged on bail, it is payed.

3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not complete. The principal accused has not been arrested so far. At this stage, the petitioners may not be enlarged on bail, it is prayed.

4. Having considered all the relevant inputs, I am certainly of opinion that the petitioners, who have been continuing in custody for the past about 41 days, can now be enlarged on bail subject to appropriate conditions. I am of opinion that it is not necessary to insist that the petitioners must continue in custody till the uncertain date when the 1st accused shall be apprehended by the police. Appropriate conditions can, of course, be imposed B.A. NOs. 4879 & 4977 of 2007 -: 3 :- on the petitioners in the interests of a fair, efficient and expeditious investigation.

5. In the result:

(a) These applications are allowed.

(b) The petitioners shall be released on bail on the following terms and conditions:

(i) The petitioners shall execute bonds for Rs.50,000/- each in each case with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays, Wednesdays and Fridays between 10 a.m. and 1 p.m. for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) The petitioners shall not leave the Sessions Division of Kasaragod until further orders and without the prior permission of the learned Magistrate for a period of three months. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. To Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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