Petitioner accused of forgery under IPC sections 476, 473, 484 and cheating under sections 420, 380, 120B r/w 34 IPC. Court rejected bail application citing gravity of offences involving forged seals and stolen documents.
Anticipatory bail applications dismissed; petitioner remains in custody.
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
THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934
Bail Appl..No. 5212 of 2012 () ------------------------------
CRMP.616/2012 of D.C.& SESSIONS COURT,PATHANAMTHITTA CRIME NO.639/2012 OF PATHANAMTHITTA POLICE STATION
PETITIONER(S)/ACCUSED:
P.B.RAJEEV, AGED 45 YEARS S/O. LATE N. BHASKARAN, KAVUKANDATHIL MELEVETTIPRAM PATHANAMTHITTA DISTRICT.
BY ADV. SRI.S.SHANAVAS KHAN
RESPONDENT(S)/COMPLAINANT:
THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02-08-2012, ALONG WITH BA NO.5213/2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
N. K. BALAKRISHNAN, J.
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B. A. Nos. 5212 & 5213 of 2012
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Dated this the 2nd day of August, 2012
O R D E R
Petitioner is the accused in Crime Nos.1030/2012 and
639/2012 of the Pathanamthitta Police Station.
B.A.No.5213/2012 - 2 -
120B r/w section 34 IPC. It is stated that the petitioner had availed a term loan of Rs.7,10,655/- from Kerala Financial Corporation, Pathanamthitta by mortgaging title deeds and other documents and in order to avoid proceedings against the property of the petitioner, the petitioner with the help of other accused (the bank officials) committed theft of those documents from that bank. It is also stated that the accused had dishonest intention to cheat the KFC. It is pointed out that the petitioner is also involved in another crime of similar nature.
inclined to grant anticipatory bail to the petitioner. Hence, these petitions are dismissed.
N.K. BALAKRISHNAN, JUDGE
mn
3 issues framed by the court
Whether anticipatory bail should be granted to the accused charged with forgery and cheating.
Whether the gravity of the offences warrants rejection of bail application.
Whether the petitioner needs to be released on bail pending trial.
2 provisions across 1 enactments
P.B. Rajeev
The State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
