Allowed

Madhu Narayanan v. State of Kerala

Kerala HC22 Sept 2020Bail Appl./4147/2020

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C for anticipatory bail in offences of forgery and cheating, the High Court granted bail pending investigation, directing surrender within two weeks and imposing conditions to appear and not tamper with evidence.

What did the court decide?

Granted anticipatory bail, directed surrender within two weeks, bond with two sureties; conditions imposed regarding tampering and appearance.

Madhu Narayanan Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

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Bail Appl..No.4147 OF 2020

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CRIME NO.347/2020 OF Pala Police Station, Kottayam

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PETITIONER/S:

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MADHU NARAYANAN AGED 40 YEARS S/O.NARAYANAN SANKARAN, AMBARAKKUNNEL, KAYYOOR, BHARANANGANAM, KOTTAYAM, PIN - 686 651.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PALA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4147 OF 2020

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ORDER

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Dated this the 22nd day of September 2020

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This is an application filed under Section 438

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of Cr.P.C seeking anticipatory bail.

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Applicant is the second accused in Crime No.347/2020 of Pala Police Station, Kottayam, for

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having allegedly committed offences punishable

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under Sections 463, 468, 471, 472 and 484 r/w Section 34 of the IPC.

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The prosecution case, in brief, is that the

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applicant along with the other co-accused in furtherance of common intention forged possession certificate and tax receipts with forged seal of

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the Village Officer affixed on those documents and produced the same before the State Bank of India,

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Bharananganam for the purpose of obtaining

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agricultural loan in the year 2015.

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The Public Prosecutor would contend that

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the applicant has been implicated as a 10^th accused

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Bail Appl..No.4147 OF 2020

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and not the 2^nd accused stated in the application.

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The applicant states that he is innocent

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and the allegations are false and that the

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mortgage which has been created on the properties is still valid and there are no allegations that any default has been made to the loans allegedly took by the applicant and others and therefore, he may be granted an anticipatory bail. It is also submitted that the 12^th accused in the crime has already been granted anticipatory bail by this Court in BA No.3306/2020.

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Heard the learned counsel for the applicant

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and the learned Public Prosecutor.

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The learned Public Prosecutor submits that the applicant has also another crime of similar nature registered against him and he will have to be interrogated in connection with the investigation and therefore, the anticipatory bail may not be granted to him.

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Bail Appl..No.4147 OF 2020

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Considering the facts and circumstances of

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this case and also the present pandemic situation, I find the incarceration of the applicant may not

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be necessary. There is nothing to be recovered from him because the alleged forged documents are already before the bank. All that investigating officer has acquired those documents from the bank and subject it to the expert opinion which may be required. The incident had occurred in the year 2015 and till today there was no need or necessity found to arrest the applicant in connection with the crime and therefore, I find there is no possibility of the applicant absconding and not co-operating with the investigation.

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In the result the application is allowed

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and applicant is directed to surrender before the investigating officer within two weeks, and after interrogation in the event of his being arrested, he shall be released on bail on execution of a

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Bail Appl..No.4147 OF 2020

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bond for Rs.50,000/-(Rupees Fifty thousand only)

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with two solvent sureties, each for the like

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amount to the satisfaction of the investigating

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officer and on the following conditions;

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1.He shall not tamper with evidence, influence

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or intimidate witnesses.

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2.He shall appear before the investigating

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officer as and when called for.

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3.He shall not get involved in similar offences during the bail period.

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In the event of violating the bail conditions,

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the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional

court.

Sd/-

ASHOK MENON

JUDGE

SPK

Madhu Narayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Madhu Narayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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