Dismissed

Shemeer v. State of Kerala

Kerala HC6 Jun 2017Bail Appl./2428/2017

Case brief

AI extract

What is this about?

In a bail application for offences under Sections 465, 468, and 471 IPC read with Section 34 IPC, the High Court of Kerala declined to grant pre-arrest bail. The court permitted the petitioner to surrender to the Investigating Officer for interrogation, after which an application for bail may be filed before the Magistrate.

What did the court decide?

The application for anticipatory bail is dismissed; petitioner permitted to surrender to Investigating Officer.

Shemeer Vs State of Kerala — Cheating and Forgery | Kerala HC (2017)

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939

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Bail Appl..No. 2428 of 2017 () -------------------------------

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CRIME NO.1807/2016 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT.

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PETITIONER/3RD ACCUSED:

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SHEMEER, AGED 41 YEARS, S/O.BAVA, VARKKADAN HOUSE, KOTTUPALLIKKARA KARA, PERUMBAVOOR PO, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.A.MUJEEB

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT)

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BY PUBLIC PROSECUTOR SMT.MAYA.M.N

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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RAJA VIJAYARAGHAVAN V, J.

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B.A. Nos.2428 of 2017

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Dated this the 6^th day of June, 2017

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JUDGMENT

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The petitioner herein is the accused No.3 in Crime No.1807 of 2016 of Perumbavoor Police Station registered alleging offences punishable under Sections 465, 468 and 471 read with Section 34 of the Indian Penal Code. He seeks pre-arrest bail.

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According to the prosecution, the 1^st accused in the crime is an owner of an autorickshaw bearing Registration No.KL 40/G1503 . It is alleged that the 1^st accused had exhibited a false registration number and had operated the vehicle. The vehicle was intercepted and on inspection it was found that the license possessed by him is forged. Further investigation revealed that the petitioner herein, had forged the licence.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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The learned counsel would assert that the petitioner is innocent. This contention is opposed by the learned Public Prosecutor. It is further submitted that the investigation is at the early stages and the petitioner is having previous antecedents.

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B.A. No.2428 of 2017

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Considering the facts and circumstances, it is felt that this is not a fit case where this Court will be justified in exercising its discretionary powers and granting pre-arrest bail to the petitioner. However, at this stage the learned counsel appearing for the petitioner prays that the petitioner be permitted to surrender before the Investigating Officer and to co-operate with

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the investigation. If the petitioner is so advised, he may surrender before the Investigating Officer, who shall interrogate him. If arrest of the petitioner is found necessary, the Investigating Officer shall thereafter produce him before the jurisdictional Magistrate within the statutory period. On such production, if an application for bail is filed, learned Magistrate shall consider the same and pass appropriate orders, preferably

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on the same day itself.

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The application for anticipatory bail is dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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sp/07/06/17

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//True Copy//

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P.A to Judge

Shemeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shemeer v. 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

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