The petitioner, accused in a cheating and forgery case involving unauthorized property sale, filed for anticipatory bail. The High Court, noting the gravity of the offences, declined to grant bail.
Petition for anticipatory bail dismissed; bail not granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 23RD DAY OF JULY 2012/1ST SRAVANA 1934
Bail Appl..No. 4400 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN .NO./ IN BA.2933/2012 DATED IN CRIME NO.255/2012 OF ALAPPUZHA SOUTH POLICE STATION
ACCUSED(S):
TESSY THOMAS @ TESSY JOSEPH, AGED 41 YEARS W/O SHAJI, EZHARAYILATHARAKAN PARAMB PULIKKUNNU MURI, PULIKKUNNU VILLAGE, KUTTANAD TALUK ALAPPUZHA DISTRICT
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
COMPLAINANT(S):
1. STATE OF KERALA,
2. THE STATION HOUSE OFFICER, ALAPPUZHA SOUTH POLICE STATION ALAPPUZHA DISTRICT (CRIME NO 255/2012 OF ALAPPUZHA SOUTH
BY ADV. SRI.BABU KARUKAPADATH BY ADV. SMT.M.A.VAHEEDA BABU BY ADV. SRI.JAGAN GEORGE BY ADV. SRI.K.A.NOUSHAD BY ADV. SRI.P.G.PRAMOD BY PUBLIC PROSECUTOR SMT. JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ds
N.K.BALAKRISHNAN, J.
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Dated this the 23rd day of July, 2012
O R D E R
The petitioner is one of the accused in Crime No. 255/2012 of Alappuzha South Police Station. The offences alleged against him are under sections 120(b), 406, 420, 447, 467, 468 and 471 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.4400/2012
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empowering him to sell the property measuring 1.26 acres in Survey Nos:875/6A/4 and 875/6A/3 of Mullackal Village was created by this petitioner and other accused. The complainant submits that he has not executed any such Power of Attorney empowering the 1st accused to execute the sale deed nor did he receive the sale consideration of Rs.3 lakhs as shown in the documents.
B.A.No.4400/2012
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this petitioner. There is a detailed discussion of the facts of the case and contentions raised by the parties in Annexure A1 order dated 08.06.2012 and as such I am not proposed to reiterate those contentions.
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
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges of criminal conspiracy, criminal breach of trust, cheating, and forgery.
Whether the gravity of the offences involved warrants the denial of anticipatory bail despite the petitioner's appearance.
9 provisions across 2 enactments
TESSY THOMAS @ TESSY JOSEPH
STATE OF KERALA
THE STATION HOUSE OFFICER, ALAPPUZHA SOUTH POLICE STATION
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
