High Court of Kerala dismissed the bail application of the 15th accused in a fraud case involving forgery of documents and cheating under IPC sections 406, 418, 419, and 467. The court refused anticipatory bail due to the gravity of the offence.
Bail was denied. The 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 N.K.BALAKRISHNAN
WEDNESDAY, THE 11TH DAY OF JULY 2012/20TH ASHADHA 1934
Bail Appl..No. 4261 of 2012 ()
-----------------------------KOTTAYAM CBCID (EOW-II)CRIME NO.389/CR/2010 (VANDANMEDU POLICE STATION, CRIME NO.188/2008)
ACCUSED(S)/PETITIONER/ACCUSED NO.15::
K.RAMACHANDRAN, AGED 70 YEARS S/O KESAVA PILLAI, ANANDA NILAYAM, VANDANMEDU P.O. IDUKKI DISTRICT.
BY ADVS.SRI.GEORGE MATHEWS SMT.CELINE JOSEPH SRI.GRASHIOUS KURIAKOSE (SR.)
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
STATE OF KERALA, DEPUTY SUPERINTENDENT, CBCID KOTTAYAM REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ds
N.K.BALAKRISHNAN, J.
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Dated this the 11th day of July, 2012
O R D E R
The petitioner is the 15th accused in Crime No.
188/2008 of Vandanmedu Police Station, which was reregistered by the CBCID (EOW-II) as Crime No.389/CR/2010, Kottayam District. The offences alleged against him are under sections 406, 418, 419 and 467 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
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created documents forging the signatures of the complainant and two witnesses and by producing such forged documents, the loan amount of ` 3 lakhs was obtained from Tamil Nadu Mercantile Bank at Kambam Branch. When the amount due to the bank was not paid, then only the complainant came to know the forgery committed and fraud played by the accused persons.
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bank, false loan application was created and the loan was sanctioned. Therefore, it is not a case where the petitioner has absolutely no role in this big fraud committed by the accused persons, the learned Public Prosecutor submits. It was also mentioned that the loan amount was transferred to account number '155150050300083' and from that account this petitioner withdrew the amount. According to the prosecution, the investigation so far conducted would show that the wrongful loss caused by such acts to the complainant is 1,49,000/-. 1,50,000/- is the loss caused to the witness Krishnankutty Nair and ` 1,50,000/- was the loss caused to another witness Deepa.
Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. Hence it is dismissed.
Sd/-
N.K.BALAKRISHNAN, JUDGE.
ds
//True copy//
P.A. to Judge
1 issue framed by the court
Whether anticipatory bail ought to be granted to the 15th accused apprehending arrest in a fraud case involving forgery and cheating under IPC sections 406, 418, 419 and 467.
K.Ramachandran
State Of Kerala
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
