This court dismissed a bail application where the petitioner accused of forgery and cheating was directed to surrender for interrogation and allowed to approach the Magistrate thereafter for regular bail.
Petitioner directed to surrender before Investigating Officer within ten days and be produced before Magistrate for regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
FRIDAY, THE 18TH DAY OF MAY 2012/28TH VAISAKHA 1934
Bail Appl..No. 2640 of 2012 ()
CRIME NO.654/2011 OF VEROOR POLICE STATION, KOLLAM DISTRICT.
PETITIONER(S):
BINDHU D/O SANTHA, SINDHU VILASAM, BHARATHEEPURAM P.O. KOLLAM.
BY ADV. DR.PAULY MATHEW MURICKEN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, KOLLAM DISTRICT .
BY PUBLIC PROSECUTOR SRI.GIKKU JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
C.T. RAVIKUMAR, J.
B.A. No. 2640 of 2012
Dated this the 18th day of May, 2012
O R D E R
This is an application for anticipatory bail. The
petitioner is the accused in Crime No. 654/2011 of Yeroor Police Station, Kollam District. The above crime was registered for offences punishable under Sections 419, 468 and 471 of the Indian Penal Code and Section 12(1)(b) of the Passport Act. The case of the prosecution is that using the Ration Card and School Certificate of the petitioner's relative one Smt. Vilasini, D/o. Nalini, Puramboke Kunnampurath Veedu, Edamom Village, the petitioner obtained passport bearing No. F 9266347 from the Passport Office, Thiruvananthapuram and as such committed the aforesaid offences.
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requirement for a custodial interrogation. Having regard to the accusation against the petitioner I cannot upheld the contention of the petitioner that a custodial interrogation is not required. The learned counsel for the petitioner submits that the petitioner may be permitted to surrender before the Investigating Officer. In view of the nature and gravity of the allegations against the petitioner, and taking into account the above submission I am inclined to dispose of this application as hereunder:
(a) The petitioner shall surrender before the Investigating Officer within ten days from today. (b) After interrogation, the petitioner shall be produced before the Judicial First Class Magistrate Court-I, Punalur. The petitioner will be at liberty to move application for regular bail before that court. In case the petitioner moves such an application for bail, the learned Magistrate shall consider the same, preferably
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on the same day, in accordance with law.
(c) In case the petitioner fails to surrender before the Investigating Officer pursuant to this order, it will be op
en to the Investigating Officer to arrest him and proceed further, in accordance with law.
C.T. RAVIKUMAR, JUDGE
Pn
1 issue framed by the court
Whether to grant anticipatory bail without conditions in a case involving forgery and cheating.
2 provisions across 2 enactments
Bindhu D/o Santha
State of Kerala
C.T.Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
