In an anticipatory bail application regarding alleged forgery of a bank guarantee, the Court held that the grave nature of the offences precluded the grant of bail, dismissing the petition on the grounds that it would hinder investigation.
The Bail Application was dismissed.
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 K.T.SANKARAN
MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933
Bail Appl..No. 5073 of 2011
CRIME NO.308 OF 2011 OF CENTRAL POLICE STATION, ERNAKULAM.
PETITIONER/ACCUSED:
FAIZAL A.SAMAD, AGED 53 YEARS, S/O.ABDUL SAMAD, PROPRIETOR, M/S.FEROUS TRADERS, (IMPORT AND EXPORTS), CHENDAMANGALAM, NORTH PARAVOOR.
BY ADV. SRI.P.A.MUJEEB
RESPONDENT: COMPLAINANT:
STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.V.MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------------------------Bail Appl. NO. 5073 OF 2011
-----------------------------------------------------Dated this the 1st day of August, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.308 of 2011 of Central Police Station, Ernakulam District.
BAIL APPL. NO.5073 OF 2011
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that no such bank guarantee was issued by any of the branches of the State Bank of India in Mumbai. The prosecution case is that the bank guarantee furnished by the petitioner was a forged one.
For the aforesaid reasons, the Bail Application is dismissed.
(K.T.SANKARAN) Judge
ahz/
3 issues framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted alleging fabrication of bank documents under Section 420 read with Sections 468, 471, and 511 IPC.
Whether granting anticipatory bail would adversely affect the smooth investigation of the allegations of forgery.
Whether the grave nature of the allegations bars the grant of discretionary relief under Section 438 CrPC.
2 provisions across 2 enactments
Faizal A. Samad
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
