Allowed

Anish C.A. v. the State of Kerala

Kerala HC5 Apr 2017Bail Appl./1229/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to Anish C.A., accused of forgery under Sections 465 and 468 IPC. The judge found insufficient evidence linking the petitioner to the incriminating date/month as a village officer, thus allowing the prayer with specific conditions.

What did the court decide?

Petitioner released on bail on Rs. 50,000 bond with two sureties subject to six listed conditions.

Anish C.A. Vs the State of Kerala — Cheating and Forgery | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939

¶5

Bail Appl..No. 1229 of 2017

¶6

CRIME NO. 82/2015 OF KASARAGOD POLICE STATION

¶7

PETITIONER(S)/ACCORDING TO THE PETITIONER NOT MADE AN ACCUSED :

¶8

ANISH C.A.,

¶9

AGED 38 YEARS, S/O. LATE M.P.ARAVINDHAKSHAN, “NANDHANAM”, CHALASSERRY, PERUMPILLY P.O., MULAMTHURUTHY, ERNAKULAM DISTRICT - 682 314.

¶10

BY ADV. SRI.G.SREEKUMAR (CHELUR)

¶11

RESPONDENT(S)/STATE OF KERALA :

¶12

THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031.

¶13

BY PUBLIC PROSECUTOR SRI. AJITH MURALI

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Msd.

¶16

K.ABRAHAM MATHEW, J.

¶17

B.A.No.1229 of 2017

¶18

Dated this the 5^th day of April, 2017

¶19

ORDER

¶20

Petition filed under Section 438 Cr.P.C.

¶21

Petitioner is the accused in Crime No.82 of 2015 of

¶22

Kasaragod Police Station registered for the offences under Sections 465 and 468 of the Indian Penal Code.

¶23

The allegation is that the petitioner forged patta of a

¶24

property and gave it to the first informant making her believe that it is

¶25

a genuine patta.

¶26

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

¶27

The petitioner was the Village Officer of Muliyar Village for six months for a brief period commencing from 4.10.2011. In the F.I.Statement the date on which or the month in which the incident took place is not mentioned; what is stated that towards end of 2011, the first informant went to the Village Officer, who gave him the forged patta after receiving Rs.1,00,000/-. In these circumstances, at this stage, it may be difficult to say that the petitioner is the Village Officer, who is involved in the incident. For these reasons, I am inclined to grant his prayer.

¶28

B.A.No.1229 of 2017

¶29

¶30

In the result, this application is allowed.

¶31

i. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties

¶32

each for the like sum if he is arrested by the Investigating Officer in connection with this case.

¶33

ii. He shall appear before the Investigating Officer on 7^th and 14^th days of his release.

¶34

iii. He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

¶35

iv. He shall not get himself involved in any other criminal case while he is on bail.

¶36

v. He shall not intimidate or attempt to influence the witnesses.

¶37

vi. He shall not destroy or tamper with evidence.

¶38

In case of violation of any of the above conditions, the

¶39

learned Magistrate is empowered to cancel the bail in accordance with the law.

¶40

Sd/-

¶41

K.ABRAHAM MATHEW, JUDGE

¶42

¶43

/True copy/

¶44

P.A. to Judge

Anish C.A. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Anish C.A. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Geevarghese.M.D Vs State of Kerala

Febin Lal R.K Vs the Sub Inspector of Police

Dennis Vs Sub Inspector of Police

K.K Babu Vs State of Kerala

Chenattil Sudheerkumar Vs State of Kerala

Anu Vs State of Kerala