Allowed

Sindhu v. State of Kerala

Kerala HC7 Sept 2016Bail Appl./4948/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioner, the wife of the first accused in a passport forgery case. The court observed that the prosecution had no definite case against the petitioner, as she neither forged documents nor applied for the passport, and was being prosecuted solely by virtue of her marital relationship.

What did the court decide?

Petitioner released on bail executing a bond with two solvent sureties for ₹25,000 each and reporting to the investigating officer as required.

Sindhu Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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WEDNESDAY, THE 7TH DAY OF SEPTEMBER 2016/16TH BHADRA, 1938

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Bail Appl..No. 4948 of 2016 ()

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------------------------------CRIME NO. 1339/2010 OF KUNDARA POLICE STATION, KOLLAM DISTRICT

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PETITIONER(S)/2ND ACCUSED:

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SINDHU,

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D/O. THANKAPPAN NAIR, AGED 35 YEARS, VIJAYA BHAVAN, PEROORKUZHI, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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--------------------------------------B.A No.4948 of 2016

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---------------------------------------

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Dated this the 7^th day of September, 2016

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O R D E R

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The petitioner herein is the second accused in Crime No.1339/2010 of the Kundara Police Station, registered under Sections 465 and 471 of the Indian Penal Code and under Sections 12(b)(c) of the Indian Passport Act.

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This is a case where one Ismail (first accused)

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made an application for passport in the name of Kiran, S/o.Kuttappan by producing some false and forged documents. The petitioner herein is said to be the wife of the said Kiran in whose name Ismail made a false application for passport. The first accused was already arrested by the police and he is now on regular bail. The petitioner herein now seeks pre arrest bail on the apprehension of arrest.

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On a perusal of the entire case diary I find that the prosecution does not have any definite case or allegation against the petitioner herein except that she is the wife of the person in whose name the first accused made an application for passport. It is not known why she is being prosecuted. The

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B.A No.4948 of 2016

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main offence alleged in the crime is forgery for the purpose of obtaining passport. Admittedly, this lady had not made any application for passport, she had not forged any document, and she had also not used any such forged document. In the above situation, I feel it appropriate to grant pre arrest bail to the petitioner.

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In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on her executing a bond with two solvent sureties for 25,000/- (Rupees₹ twenty five thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that the petitioner shall report before the investigating officer for interrogation as and when required by him.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Sindhu v. State of Kerala

Case brief

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What did the court decide?

Sindhu v. State of Kerala

Case brief

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