Kerala High Court: (Crime No.423/12 of Kottayam West ... Vs by Adv. Sri.M.J.Santhosh
Kerala High Court: (Crime No.423/12 of Kottayam West ... Vs by Adv. Sri.M.J.Santhosh
Kerala High Court: (Crime No.423/12 of Kottayam West ... Vs by Adv. Sri.M.J.Santhosh
PRESENT:
PETITIONER/ACCUSED:
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BY ADV. SRI.M.J.SANTHOSH
RESPONDENT/COMPLAINANT:
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Kss
N.K.BALAKRISHNAN, J.
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B.A. No.3827 of 2012
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Dated this the 11th day of June 2012
O R D E R
Petitioner is stated to be the first accused in Crime No.423/2012 of Kottayam West Police
Station. The offences alleged against him are under Secs.170, 419, 511 and 420 IPC and
Prevention of insult to National Honour Act, Emblems & Names (Prevention of improper
use) Act. It is alleged that he falsely personated himself as a public servant entitled to use
emblem and exhibited the official name board in his car styled as 'Member Task Force,
Food and Safety Commissioner, Govt. of India'. Not only that he also inspected several
bar hotels and extracted money from those persons. It is stated that another crime was
registered by Pananganad Police Station also. Petitioner has been in custody from
22.4.2012 onwards.
2. Learned Public Prosecutor submits that petitioner is not having any address in Kerala
and is not in possession of any property in Kerala and so, if he is released on bail it would
be difficult to get him for trial.
3. However, considering all the aspects petitioner is granted bail subject to the following
conditions :-
a. The accused shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with
two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If
in case the Magistrate has any doubt about the genuineness or correctness of the tax
receipts produced by the sureties, the learned Magistrate can insist for production of the
attested photo copies of the original title deeds of the sureties. Sureties shall be from
Kottayam District having immovable property in Kottayam District.
b. The accused shall make himself available for interrogation by the Investigating Officer
and that he should appear before the Investigating Officer on all Mondays between 9.30
AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is
not having any valid passport, he should file an affidavit regarding the same before the
Magistrate.
d. The accused will also file affidavit that he will B.A. No.3827 of 2012 abide by all the
conditions as mentioned above and that he will not commit any offence similar to the
offence involved in this case and that he shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer or tamper
with the evidence.
e. The accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting
production of electoral photo identity cards/Driving licence etc. N.K.BALAKRISHNAN,
J UDGE.