The Court dismissed this bail application. The petitioner was accused of cheating via a forged PhD certificate. The Court adjourned disposal to allow the petitioner to surrender documents for investigation before considering arrest.
Bail application adjourned for the petitioner to Surrender documents to the Investigation Officer.
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 SUNIL THOMAS
MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937
Bail Appl..No. 313 of 2016 ()
CRIME NO. 1694/2015 OF PATTIMATTOM POLICE STATION, ERNAKULAM DISTRICT
PETITIONER/ACCUSED :
MATHEWS STEPHEN, AGED 30 YEARS MATTATHIL HOUSE, KUNNAKKAL POST, VAALAKAM MOOVATTUPUZHA.
BY ADV. SRI.DENIZEN KOMATH
RESPONDENT :
STATE OF KERALA REPRESENTE BY THE SUB INSPECTOR OF POLICE PATTIMATTOM POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
SUNIL THOMAS, J.
B.A.No.313 of 2016
Dated this the 8th day of February, 2016
ORDER
The petitioner is the sole accused in Crime
No.1694/2015 of Pattimattom Police Station for offences
punishable under Sections 420,465, 468 of IPC.
that the petitioner had applied for a job with a PhD certified issued by the Mithila university, Bihar. According to the de facto complainant, it was later sent for verification and was found that it was a forged certificate. According to the learned counsel for the petitioner, he had joined a course run by Ilahia College of Arts and Science through its Vice-Principal one Mr.Shajahan. He was advised that he can register with the university and attendance in the college was not compulsory.
advised and was conferred with the Doctorate. It was only later, he found that the certificate was forged. He bonafide believeds Mr.Shajahan and never knew that the
B.A.No.313 of 2016
2
certificate was forged. The learned counsel referred to Annexure A1, which is a complaint given by him to the Rural Superintendent of Police for investigation. A photocopy of the thesis allegedly verified by the university authorities is produced as Annexure-A2. The copy of the forged certificate is produced as Annexure-A3.
B.A.No.313 of 2016
3
completion of interrogation, if he is proposed to be arrested, he may be produced before the learned Magistrate who shall consider the bail application, if filed, preferrably on the same day itself.
The bail application is accordingly disposed of.
Sd/- SUNIL THOMAS, JUDGE
AD
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether bail should be granted pending investigation in a cheating case involving a forged certificate.
MATHEWS STEPHEN
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
