RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 2 in Crime No. 1457 of 2010 of Chalakkudy Police Station, Thrissur District. The offences alleged against the petitioners are under Sections 465, 466, 471, 472, 473 and 475 of the Indian Penal Code.

(2.) The petitioners were arrested on 19/05/2011 and they were remanded to judicial custody. Their application for bail was dismissed by this Court in BA No. 4752 of 2011 on 23/06/2011. The learned single Judge who dismissed the Bail Application held that if the petitioners were released on bail, they would definitely influence and intimidate the prosecution witnesses. It was also held it was likely that the petitioners would make themselves scarce and flee from justice.

(3.) The prosecution case against the petitioners is that they stood as sureties for the accused in CC No. 532 of 2010 on the file of the Court of the Judicial Magistrate of the First class, Chalakkudy and got the accused therein released on bail. For the purpose of furnishing security, the petitioners produced revenue receipts purportedly issued by two Village Offices. They also produced electoral identity cards before the Court to prove their identity. On verification by the learned Magistrate, it was found that the revenue receipts and the electoral identity cards were forged and fabricated ones. On a complaint made by the Sheristadar of the Court, Crime No. 1457 of 2010 was registered. The petitioners were arrested. As stated earlier, their Bail Application was dismissed by the learned Magistrate as well as by this Court. Even after the dismissal of BA No. 4752 of 2011, it would appear that the petitioners moved for bail before the Trial Court and that application was dismissed on 06/07/2011 by the learned Magistrate.