Dismissed

Vijayan Assari v. the State of Kerala

Kerala HC19 Sept 2016Bail Appl./6583/2016

Case brief

AI extract

What is this about?

The High Court dismissed a bail application filed by the accused in a cheating and forgery case where he impersonated an individual to execute a bail bond using forged documents. The court held that the investigation was incomplete and it was inappropriate to release the petitioner immediately.

What did the court decide?

Bail application dismissed; petitioner to remain in judicial custody pending further investigation.

Vijayan Assari Vs the 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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MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 19382016

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Bail Appl..No. 6583 of 2016

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CRIME NO. 1611/2013 OF VANCHIYOOR POLICE STATION , THIRUVANANTHAPURAM

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PETITIONER(S)/1ST ACCUSED :

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VIJAYAN ASSARI,

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AGED 53 YEARS, S/O. SIVARAMAN ASARI, KULATHINKARA VEEDU, NEAR ALAKUNNAM TEMPLE, KATTUVILA VILAPPIL PANCHAYATTH, KATTAKADA TALUK, THIRUVANANTHAPURAM

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BY ADV. SRI.M.R.SARIN

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RESPONDENT(S)/STATE/ DEFACTO COMPLAINANT :

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1. THE STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

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2. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

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BY PUBLIC PROSECUTOR SRI. AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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P.UBAID, J.

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B.A No.6583 of 2016

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Dated this the 19^th day of September, 2016

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O R D E R

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The petitioner herein is the first accused in Crime No.1611/2013 of the Vahchiyoor Police Station, registered under Sections 199, 200, 465, 468, 471 and 419 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate XI, Thiruvanathapuram, on 31.8.2016. The petitioner has been in judicial custody since 26.8.2016.

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The petitioner herein was one of the sureties of the accused in S.C No.765/2009 of the Court of Session, Thiruvananthapuram. When the accused absconded, the court below initiated proceedings against the sureties. On police report the court came to know that the petitioner herein stood as surety by producing some forged documents and identity cards in the name of one Vijayakumaran Nair. The said Vijayakumaran Nair appeared in court and submitted that he had not executed any bond and that he is not the surety.

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B.A No.6583 of 2016

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Enquiry revealed that Vijayakumaran Nair was impersonated by the petitioner herein, and he executed bail bond by producing some forged identity cards and documents in the name of Vijayakumaran Nair. Accordingly, complaint was made, and the petitioner was arrested during investigation on 26.8.2016. In the nature of the allegations I feel it inappropriate to release the petitioner immediately. Investigation is only half way. It will have to be examined thoroughly whether the petitioner has committed similar offences in respect of any other crime or case in any court in the Thiruvananthapuram district.

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In the result, this application for bail is dismissed.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Vijayan Assari v. the State of Kerala

Case brief

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Vijayan Assari v. the State of Kerala

Case brief

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