High Court in bail application allowed pre-arrest bail to accused alleged of executing a forged sale deed. Court granted bail finding doubts about impersonation charge as signatory used her own name.
Petitioners released on bail by executing bond with two solvent sureties for ₹50,000 each and abiding by reporting and area restrictions.
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 P.UBAID
WEDNESDAY, THE 31ST DAY OF AUGUST 2016/9TH BHADRA, 1938
Bail Appl..No. 5267 of 2016 ()
------------------------------CRIME NO. 376/2016 OF AGALI POLICE STATION.
PETITIONERS/ACCUSED:
RAVEENDRADAS .K.R., S/O. RAGHAVAN, KANJIKKAL HOUSE, P.O. AGALI, MANNARKKAD TALUK,
1.
PALAKKAD DISTRICT.
2. BOSE, S/O. BELLY GOUDER, KINNAKORAI P.O., PIN-643 219, NILGIRIS DISTRICT, TAMIL NADU.
3. SAVITHRI .M.V., W/O. BELLA GOUDER, OSATTI, KINNAKORAI P.O., PIN-643 219, NILGIRIS DISTRICT, TAMIL NADU.
BY ADV. SRI.P.JAYARAM.
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.UBAID, J.
--------------------------------------B.A No.5267 of 2016
---------------------------------------
Dated this the 31st day of August, 2016
O R D E R
The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police in connection with Crime No.376/2016 of the Agali Police Station, registered under Sections 415, 420, 463, 468 and 470 r/w 34 of the Indian Penal Code. They are the accused Nos.1, 4 and 5 in this case.
B.A No.5267 of 2016 2
as Savithri. Here assumes the importance of the defence projected by the petitioners. Thus it is doubtful whether the case of impersonation or conspiracy alleged by the prosecution, is true. In the above factual situation, I feel it appropriate to grant pre arrest bail to the petitioners.
In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for 50,000/-₹ (Rupees fifty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that
a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Tuesdays for a period of two months.
b) The petitioners shall not leave the limits of Agali Police Station for a period of two months.
c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.
Sd/-
P.UBAID JUDGE
ab
//True Copy//
P.A to Judge
2 issues framed by the court
Whether pre-arrest bail should be granted to accused persons alleged of impersonation in a sale deed crime.
Whether the defense of acting under a different name negates the charge of impersonation.
2 provisions across 2 enactments
RAVEENDRADAS .K.R.
BOSE
SAVITHRI .M.V.
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
