Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944 BAIL APPL. NO. 8937 OF 2021 Crime No.1058/2021 of Cantonment Police Station, Thiruvananthapuram City AGAINST THE ORDER/JUDGMENTCRMC 2587/2021 OF I ADDITIONAL DISTRICT COURT, TRIVANDRUM PETITIONERS/ACCUSED 1 & 2:
1 RADHAKRISHNAN AGED 80 YEARS S/O.NARAYANAN, RESIDING AT 'AVANI' RRA-E-74, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035.
2 SUBIN R.
AGED 42 YEARS S/O.RADHAKRISHNAN, 'AVANI', RRA-3-74, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035.
BY ADVS.D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) ARYA JOSEPH RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 6872 031.
2 THE SUB INSPECTOR OF POLICE CANTONMENT POLICE STATION, THIRUVANANTHAPURAM CITY, PIN - 695 001.
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.8937 of 2021 : 2 :
VIJU ABRAHAM, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No.8937 of 2021 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August, 2022 ORDER This is an application for anticipatory bail.
2. The petitioners are accused Nos.1 and 2 in Crime No.1058/2021
of
Cantonment
Police
Station, Thiruvananthapuram City, alleging commission of offences punishable under Sections 465, 468, 471 and 34 of Indian Penal Code.
3. The prosecution allegation is that, the accused with an intention to start an establishment in the name and style `Pulimoottil Textiles' in the building belonging to Rajan Pillai Foundation(Defacto complainant) has committed forgery by creating a rent deed on a date prior to 29.5.2021 and has submitted the same for obtaining GST (Goods and Service Tax) Registration and has commenced the functioning of Pulimoottil Textiles, whereby the accused have committed the above said offences.
4. The learned counsel for the petitioners submitted that the petitioners are father and son and that the 1st petitioner is aged
B.A. No.8937 of 2021 : 3 :
80 years and they have no other criminal antecedents. It is the case of the petitioners that they are conducting textile business in the land and shed owned by M/s.Rajan Pillai Foundation, represented through the defacto complainant, on the basis of a license agreement executed as per Annexure-II and it was subsequently renewed as is evident from Annexures - III to IX and it is Annexure-IX license deed which is alleged to have been forged by the 1st petitioner.
5. The learned Public Prosecutor upon instructions submitted that Annexure-IX lease agreement was forged for the purpose of obtaining Annexure-X GST registration. It is also submitted that the petitioners have no other criminal antecedents.
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 petitioners subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioners shall surrender before the investigating officer on 30.08.2022, at 11 a.m., and subject themselves for interrogation on that day and on any other day or days as directed by the investigating officer, and in the event of arrest in Crime
B.A. No.8937 of 2021 : 4 :
No.1058/2021
of
Cantonment
Police
Station, Thiruvananthapuram City, they shall be produced before the jurisdictional magistrate on the very same day and shall be released on bail, subject to the following conditions:- (i) Petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) The petitioners shall not attempt to contact the the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1058/2021 of Cantonment Police Station, Thiruvananthapuram City;
(iii) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1058/2021 of Cantonment Police Station, Thiruvananthapuram City 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
B.A. No.8937 of 2021 : 5 :
recoveries on the information if any given by any of the petitioners, even when the petitioners are 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/