Single judge of Kerala HC dismissed anticipatory bail application of accused alleging forgery of District Police Chief's signature. Bench held criminal law moved by the Chief raises doubt and it is not a proper case for anticipatory bail.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed. Bail refused.
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 K.ABRAHAM MATHEW
FRIDAY, THE 9TH DAY OF MAY 2014/19TH VAISAKHA, 1936
Bail Appl..No. 2703 of 2014
CRIME NO. 126/2014 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT
APPLICANT/ACCUSED:
K.R. MANOJ, AGED 24 YEARS, S/O.K.K.RAMAN, KARICKAL HOUSE, MEVELOOR P.O., KOTTYAM.
BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.VIPIN NARAYAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AS
K. ABRAHAM MATHEW, J.
B.A. No. 2703 OF 2014
O R D E R
Petition filed under Section 438 Cr.P.C.
B.A. No. 2703 of 2014
-:2:-
foundation the District Police Chief will raise such allegation against a Lower Division Clerk attached to his office. More over, it is very difficult to believe that a Lower Division Clerk will be authorised to sign papers on behalf of District Police Chief. I do not think that this
is a proper case to invoke the jurisdiction of this Court under Section 438 Cr.P.C.
In the result, this application is dismissed.
K. ABRAHAM MATHEW, JUDGE
ttb
2 issues framed by the court
Whether the present case involves a special and exceptional situation justifying the conferment of anticipatory bail under Section 438 Cr.P.C.
Whether the allegations of forgery by a lower clerk against his superior justify invoking jurisdiction for anticipatory bail.
1 provisions across 1 enactments
K.R. MANOJ
STATE OF KERALA
K. ABRAHAM MATHEW
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
