In a bail application for forgery and cheating, the court, noting the magnitude of loss and reliance on a co-accused statement, denied anticipatory bail as it might impede investigation. The court directed the applicant to surrender before the investigating officer.
Anticipatory bail denied; applicant directed to surrender to investigating officer.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 11TH DAY OF DECEMBER 2013/20TH AGRAHAYANA, 1935
Bail Appl..No. 8243 of 2013 () -------------------------------
CRIME NO. 617/2013 OF VANCHIYOOR POLICE STATION, THIRUVANANDAPURAM
APPLICANT/8TH ACCUSED: ----------------------
K.VIJAYAN AGED 50 YEARS S/O. LATE KRISHNAN, RESIDING AT V-NEST T.C. NO. 21/705(3) SNRA 364, LUCKY GARDENS KARAMANA.P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.V.C.SARATH
COMPLAINANT(S)/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR: ADV LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
=========================
B.A.No.8243 of 2013
============================ Dated this the 11th day of December, 2013
O R D E R
Petitioner is the 8th accused, in Crime No.617 of 2013 of the Vanchiyoor Police Station now being investigated by the CBCID-1, Kollam as Crime No.110/CR/EOW-I/KLM/13 for the offences punishable under Secs.468, 471, 420, 481, 408 and 409 r/w Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application.
1,00,000/-. He made false entries in the ledger. He collected salary certificates from some of the employees to be given as security of the loan he availed but without their consent and knowledge, availed several loans in their name. It is submitted that the KSFE is cheated to the tune of 15 Crores. Involvement of the petitioner is revealed from the statement of the first accused who was interrogated by the police.B.A.No.8243 of 2013
2
of the employees though, he happened to be the leader of the union. It is also submitted that the petitioner is employed with the KSFE. The allegations regarding forgery, misappropriation etc. against the petitioner are not true. The attempt is to implicate the petitioner simply based on the confession statement of the first accused. Learned counsel further contends that though a departmental enquiry was initiated against some of the employees, no such departmental action was taken against the petitioner.
The application is disposed of with the above direction.
Sd/- THOMAS P.JOSEPH, JUDGE.
Sbna
True Copy P A to Judge
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving forgery, misappropriation, and cheating with a heavy monetary loss.
6 provisions across 1 enactments
K.VIJAYAN
STATE OF KERALA
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court