The High Court of Kerala dismissed the petitioner's application for anticipatory bail. The court found sufficient merit in the Public Prosecutor's opposition and held that the case was fit for regular bail proceedings after surrender, rather than invoking anticipatory bail.
Application dismissed; applicant directed to surrender and seek regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 11TH DECEMBER 2007 / 20TH AGRAHAYANA 1929
Bail Appl..No. 7261 of 2007()
CRIME NO.690/07OF CHALAKUDY POLICE STATION .
PETITIONER
P.N.SHIBU, 39 YEARS, S/O NARAYANAN, POZHAMANGALATH VEEDU,
THEVARA P.O., KANAYANNUR TALUK.
BY ADV. SRI.M.K.SUCHEENDRAN
RESPONDENTS:
BY P.P. SRI. JAI GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 7261 OF 2007
Dated this the 11th day of December, 2007
ORDER
Application for anticipatory bail. The petitioner, who has now been arrayed as accused, faces allegations in a crime registered for offences punishable, inter alia, under Secs.420, 468 and 471 read with Sec.34 of the IPC. The crux of the allegations against the petitioner is that he has been running the culpable activity of procuring forged salary certificates to enable some of the co-accused who are employees of the B.S.N.L. to offer themselves as sureties for various persons on commercial terms. The petitioner was not initially arrayed as an accused when he came before this Court with this application for anticipatory bail.
B.A. No. 7261 OF 2007 -: 2 :-
available indications clearly point to his possible culpability. The learned Public Prosecutor wanted an opportunity to question the petitioner before taking a decision as to whether the petitioner is to be arrayed as an accused or not.
B.A. No. 7261 OF 2007 -: 3 :-
petitioner. Altogether, there are 8 accused persons arrayed. They are the loanees or the B.S.N.L. employees who had offered themselves as sureties with the help of such forged salary certificates.
B.A. No. 7261 OF 2007 -: 4 :-
B.S.N.L. Grant of anticipatory bail would virtually deprive the Investigator of an opportunity to exhaustively interrogate the petitioner. That would hamper the interests of a smooth and proper investigation. There are no circumstances justifying the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. The petitioner may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course, submits the learned Public Prosecutor.
B.A. No. 7261 OF 2007 -: 5 :-
Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself.
Sd/(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. to the petitioner facing allegations of procurement of forged salary certificates and cheque forgery.
Whether the available evidence and prosecution case justify invoking the extraordinary equitable discretion under Section 438 Cr.P.C.
2 provisions across 2 enactments
P.N.SHIBU
THE SECRETARY, THE CHALAKUDY TOWN CO-OPERATIVE BANK LTD.
THE CIRCLE INSPECTOR OF POLICE
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
