Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 5th accused in Crime No.653 of 2007 of the Adoor Police Station registered for the offences punishable under Sections 468 and 471 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that on 12.10.2013, he along with the other accused, who were students of the 5th Semester BBA examination conducted in December, 2006, had forged the answer sheets. The matter was reported by the Principal of UIT Adoor Centre to the Registrar of the Kerala University, and later, the matter was reported to the District Superintendent of Police, Pathanamthitta and consequently, the crime has been registered.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. This is a matter which would have been taken note of by the University and proceedings could have been initiated against the concerned students for debarring them. The contents of the C.D. and facts and circumstances of the case, do not presently reveal an offence under Section 468 of the Indian Penal Code.
6. Considering the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Saturdays and Wednesdays commencing from 15.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge