Abraham George vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioner is the third accused in Crime No.48 of 2021 of Kottayam East Police Station registered for the offences punishable under Sections

465, 468, 471 and 420 of the Indian Penal Code.

The prosecution allegation is that the second accused is the owner of a property where a quarry is being run by the first accused, her husband.

They have produced a forged document with the connivance of this petitioner who is a notary public before the Geologist to renew the license.

Thereby they have committed the aforesaid offences.

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

The learned counsel for the petitioner has submitted that this petitioner is a lawyer by profession and he is a notary public. He is the lawyer of the

first accused for some time and as the first accused is running a quarry he has brought certain documents before him to attest the same in his official

capacity as the notary public. As the first petitioner was his client for a pretty long time he attested the documents produced by him. But he has not

committed any offence as alleged by the prosecution. He never had any intention to forge any document. Though he is innocent he apprehends

unnecessary arrest in the crime and hence this application.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress. It is also pointed by the learned Public Prosecutor

that pre arrest bail was granted to the first and second accused.

Having regard to the nature of accusations levelled against the petitioners and other facts and circumstances involved in this case I think that this

petition can be allowed and pre-arrest bail can be granted subject to the following conditions:

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each in

the event of arrest by the police in connection with the above crime.

(ii) The petitioner shall co-operate with the investigation of the case.

(iii) The petitioner 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.

 (iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.