The Court allowed an anticipatory bail application filed by a female accused charged with forgery and cheating related to agricultural loan documents. She was directed to surrender for interrogation.
Petitioner allowed anticipatory bail; directed to surrender within two weeks for interrogation; conditional order for bail discharge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 03RD DAY OF JULY 2020 / 12TH ASHADHA, 1942 Bail Appl..No.3585 OF 2020
CRIME NO.347/2020 OF PALA POLICE STATION , KOTTAYAM
PETITIONER/ACCUSED NO.10:
AJAS SIBY, AGED 43 YEARS, W/O. SIBY .K.S., KURIAYALAPPUZHA HOUSE, KAROOR P.O., PONADU KARA, LALAM VILLAGE BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY SRI.D.FEROZ SRI.K.ANAND (A-1921)
RESPONDENTS/STATE:
1 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.347/2020 OF PALA POLICE STATION, KOTTAYAM DISTRICT)
2 STATION HOUSE OFFICER, PALA POLICE STATION, KOTTAYAM DISTRICT-686 575 (CRIME NO.347/2020 OF PALA POLICE STATION, KOTTAYAM DISTRICT)
OTHER PRESENT:
SRI.AMJAD ALI - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3585 OF 2020
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ORDER
Dated this the 03rd day of July, 2020
APPLICATION FOR ANTICIPATORY BAIL
The petitioner is presently the 8th accused in Crime No.347 of 2020 of Pala Police Station, Kottayam, for having allegedly committed offences punishable under Sections 463, 468, 471, 472, 484 and 420 read with Section 34 of the IPC, in furtherance of common intention, with 19 other persons. The prosecution case in brief is that the accused persons had availed of agricultural loan from the State Bank of India, Bharanganam Branch, during the year 2015, by producing some forged and fabricated land receipts and possession certificate, purporting to be issued to them by the Village authorities. The Village authorities disclosed that those receipts and documents were not issued by them and therefore, the crime was registered against the accused. However, the property belonging to the petitioner was mortgaged and the loan is being re-payed without any default. The petitioner's husband, who is the 6th accused was arrested and was released on bail. Thereafter, accused 12 to 16 were also released on anticipatory bail from this Court, and the
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Sessions Court.
antecedents and there is nothing to be recovered from her by means of custodial interrogation. The documents have all produced before the court. And therefore, incarcerating her will not serve any purpose. She is also not likely to abscond. She is willing to co-operate with the investigation. Her husband has already been arrested and released on bail.
(i) She shall appear before the Investigating Officer as and when called for.
(ii) She shall not influence or intimidate witnesses or tamper with evidence.
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(iii) During the bail period, she shall not get involved in any similar offences.
In case of breach of the bail conditions, the
prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/03/07/20
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who is an 8th accused in a cheating case involving forged documents.
Whether the petitioner has criminal antecedents or requires custodial interrogation.
What conditions are necessary for the grant of bail to the petitioner.
1 provisions across 1 enactments
AJAS SIBY
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
