Court granted pre-arrest bail to the first accused in a cheating and forgery case involving forged tax receipts. Directions were issued to appear for interrogation and cooperate with investigation within specified timelines.
Granted pre-arrest bail with conditions to appear before investigation officer for interrogation and cooperate with investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940
Bail Appl..No. 2579 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 21/2018 of D.C.& SESSIONS COURT,MANJERI DATED 22-02-2018
CRIME NO. 400/2016 OF MELATTUR POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED NO.1:
JAHFAR V.K, S/O.KUNHIMUHAMMED HAJI (LATE), AGED 46 YEARS,VENGOOR KALATHIL HOUSE, VENGOOR P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031
2 THE STATION HOUSE OFFICER MELATTUR POLICE STATION, MALAPPURAM DISTRICT, PIN-679 331
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2579 of 2018
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O R D E R
The petitioner herein stands arrayed as the first accused in Crime No.400/2016 of Melattur Police Station for offences punishable under sections 420, 465, 468 and 471 read with section 34 of the Indian Penal Code.
Bail Appl..No. 2579 of 2018
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culprits, who have brought into existence the forged documents. The first accused is the beneficiary of bank loan. The manner in which the documents were created, whether the third and fourth accused got the help of any other person or matters are required to be investigated into. I do not feel that the custodial interrogation of the petitioner herein is warranted in the above circumstances. Hence, I am inclined to grant pre-arrest bail to the petitioner herein on the following conditions:
(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each.
(ii) He shall appear before the investigating officer as and when called for and co-operate with the investigation.
(iii) He shall not get involved in any other crime.
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Anticipatory bail application is allowed as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail while remaining available for investigation under Section 420 and offences of forgery.
JAHFAR V.K
THE STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
