Bail application allowed. High Court granted anticipatory bail to petitioner accused of forgery and criminal conspiracy, noting his clean antecedents and willingness to cooperate with investigation.
Petitioner granted pre-arrest bail on security of Rs.50,000 with two sureties.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 07TH DAY OF JULY 2020 / 16TH ASHADHA, 1942
Bail Appl..No.1666 OF 2020
CRIME NO.52/2020 OF THE THIRURANGADI POLICE STATION , MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
SHIHABUDHEEN, AGED 27 YEARS, S/O. MOHAMMED HAJI, ERATHUMKANDI HOUSE, AMBILIPARAMBA, KANNAMANGALAM WEST 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, THIRURANGADI POLICE STATION, MALAPPURAM DISTRICT, PIN-676 306.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN – SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1666 OF 2020
ORDER
Dated this the 07th day of July, 2020
APPLICATION FOR ANTICIPATORY BAIL
The petitioner is the accused in Crime No.52 of 2020 of Thirurangadi Police Station, for having allegedly committed offences punishable under Sections 465, 468, 471 and 182 of the IPC. The prosecution case in brief is thus:
B.A.No.1666 OF 2020
crime was registered. The petitioner, admittedly, was
conducting a business along with his brother and it is stated that in June 2019, one of the vehicles had met with a accident with a fish lorry and his brother declined to shoulder the burden of compensating the injured in the accident. In consequence of which, the documents were entrusted to an agent and unfortunately, the documents were submitted before the R.T.Office, after the brother had died and hence, the crime was registered. The petitioner states that he has not committed any forgery and the documents were actually signed by his deceased brother. But, unfortunately, the agent presented the documents before the Joint R.T.O, after the demise of his brother. The petitioner has no criminal antecedents. He is willing to co-operate with the investigation and therefore, seeks a pre arrest bail.
Prosecutor submits that the allegedly forged document will have to be send for experts opinion and the signature of the petitioner and his handwriting will have to be taken for the purpose of comparison and therefore, his custodial interrogation
B.A.No.1666 OF 2020
4
is necessary.
records available in this case, I find that the petitioner has no criminal antecedents. He has a permanent place of aboard and he is not likely to abscond. He is willing to co-operate with the investigation and therefore, he is entitled to a pre arrest bail, considering the present pandemic situation also. The petitioner is willing to surrender before the Investigating Officer within two weeks and after interrogation, and in the event of his being arrested, he is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court and on further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
B.A.No.1666 OF 2020
In case of breach of any of the bail conditions, the
prosecution shall be at liberty to apply for cancellation of the
bail.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/07/07/20
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging forgery under Sections 468 and 471 of the IPC.
Whether the petitioner's lack of criminal antecedents and willingness to cooperate justify release on bail.
1 provisions across 1 enactments
SHIHABUDHEEN
THE STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
