This court dismissed a bail application filed by two accused persons charged with cheating and forgery. The court held that serious allegations of forged account statements warranted custodial interrogation and that the investigation was at an infant stage, precluding bail.
Anticipatory bail application dismissed; petitioners denied protection against arrest.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
SATURDAY, THE 1ST DAY OF DECEMBER 2012/10TH AGRAHAYANA 1934
Bail Appl..No. 8441 of 2012 ()
-----------------------------(CRIME NO.2024/2012 OF PALLURUTHY POLICE STATION)
PETITIONER/ACCUSED:
1. ALBERT, AGED 34 YEARS, JOBS COTTAGE, S/O.M.J.XAVIOUR, MALIAKKAL HOUSE, PERUMBADPPU, KOCHI-6.
2. ANTANY,AGED 32 YEARS, S/O.JOSEPH, MALIAKKAL HOUSE, PERUMBADPPU, KOCHI-6.
BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE BY ADV. SMT.SMITHA GEORGE SRI.M.MANOJKUMAR (CHELAKKADAN)
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER, PALLURUTHY POLICE STATION, PIN-691 005.
R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2012,THE COURT ON 01/12/2012 PASSED THE FOLLOWING:
Kss
P. BHAVADASAN, J.
Dated this the 1st day of December, 2012.
ORDER
The petitioners are accused in Crime No.2024 of 2012 of Palluruthy Police Station, who are alleged to have committed offences punishable under Sections 406, 409, 420 and 468 read with Section 34 I.P.C..
B.A.8441/2012.
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in mutual fund, were found to be forged and thereby they had committed the offences.
pointed out that the petitioners are not responsible for the decrease in income since the investment was in mutual fund depending upon the share value one gets the returns. Even going by the complaint, according to the learned counsel for the petitioners, amounts were being paid to the beneficiary and the only complaint is that the amount got reduced as time passed by which was not due to the fault of the petitioners since that was the market trend at the relevant time. It is therefore pointed out that the allegations against the petitioners are false and they are entitled to pre-arrest bail.
B.A.8441/2012.
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innocent as they pretend to be. The definite allegation of the complainant is that the statement of account showing the investments were forged and the account statement given by them were also false. Custodial interrogation of the petitioners are therefore absolutely necessary and therefore anticipatory bail may not be granted to them.
B.A.8441/2012.
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countenanced as the definite allegation of the complainant was that the account statement relating to the investment periodically supplied to the daughter of the defacto complainant was found to be forged and fabricated. This allegation is indeed serious. It is therefore extremely doubtful whether the amount was invested at all. The claim of the petitioners that they were not responsible for the decrease in income as the returns depends upon the market trend cannot be readily accepted. The petitioners are not as innocent as they pretend to be. The claim of the learned Public Prosecutor that if anticipatory bail is granted to the petitioners, that will hamper the investigation seems to be fully justified.
B.A.8441/2012.
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the defacto complainant's daughter and also the fact that investigation is at an infant stage precludes this court from exercising the extraordinary jurisdiction in favour of the petitioners.
This application is accordingly dismissed.
P. BHAVADASAN, JUDGE
sb.
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused of cheating and forgery in a cheque case.
Whether the petitioners' claim regarding market trends justifies dismissing the serious allegation of forged account statements.
6 provisions across 2 enactments
Albert and Antany
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
