Petition is filed under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2 to 3 in Crime No.292 of 2014 of Chengannur Police Station registered for the offences under Sections 465, 467, 468, 471, 474 and 34 I.P.C.
3. First petitioner is a tenant of the de facto complainant.
There are civil suits between them. It is alleged by prosecution that the accused forged the document on the basis of which some amounts have been claimed by the first petitioner in one of the suits. According to the petitioners, this is a false case got registered by the defacto complainant with the intention of getting the first petitioner evicted from the premises.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. There is no dispute that first petitioner is a tenant of the de facto complainant who is Municipal Councillor. There are civil litigations between them. The allegation that the claim made by the first petitioner for a certain amount in one of the suits is on the basis of a forged document. The document appears to be in the custody of the Court.
6. Detention of the petitioners is not necessary for effective investigation of the case. Having regard to the facts of the case there is no question of the petitioners tampering with evidence also. In these circumstances, I am inclined to grant the prayer of the petitioners.
7. In the result, this application is allowed, and
1. the petitioners shall be released on bail on their executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2. they shall appear before the Investigating Officer for interrogation, if they are so required by him in writing.
3. they shall not destroy or tamper with evidence.
4. This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K. ABRAHAM MATHEW, JUDGE ttb