Allowed

Aneesh.K v. State of Kerala

Kerala HC8 Oct 2020Bail Appl./5096/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail under Section 438 Cr.PC. The applicant, alleged to have committed forgery and cheating by using a fake degree and obtaining salary, was granted bail after remitting the received amount, as custodial interrogation was deemed unnecessary.

What did the court decide?

Anticipatory bail granted. Applicant directed to surrender within two weeks and execute bond for Rs.50,000 with sureties.

Aneesh.K Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

¶5

Bail Appl..No.5096 OF 2020

¶6

AGAINST THE ORDER/JUDGMENT IN CRMC 1374/2020 DATED 28-07-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD

¶7

CRIME NO.64/2020 OF Ottapalam Police Station , Palakkad

¶8

PETITIONER/ACCUSED:

¶9

ANEESH.K, AGED 26 YEARS, S/O RAMACHANDRAN, K.K.SADAN, AMBALAPARA, CHERUMUNDASSERI, PALAKKAD. PIN – 679512.

¶10

BY ADV. SRI.K.A.MANZOOR ALI

¶11

RESPONDENT/STATE:

¶12

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031. 682031

¶13

R1 BY PUBLIC PROSECUTOR

¶14

OTHER PRESENT:

¶15

SRI.SANTHOSH PETER SR PP

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 5096/2020

O R D E R

Dated this the 8th day of October 2020

¶21

This is an application seeking anticipatory bail filed under Section 438 Cr.PC.

¶22

Applicant is the sole accused in Crime No.64/2020 of Ottappalam Police Station for having allegedly committed offences punishable under Sections 465, 468 and 471 IPC.

¶23

The prosecution case, in brief, is that the applicant had produced a forged B.Tech degree certificate before the Ambalapara Grama Panchayat and attended a walk-in-interview to get appointed as Accredited Engineer of Mahatma Gandhi National Rural Employment Guarantee Scheme for the period 22.7.2019 to 29.1.2020. He also received Rs.1,49,192/- as consideration for the services allegedly rendered by him. It was found that the applicant had entered the services on the basis of the forged and vague certificate purportedly from the Calicut University. On revealing that fact, his services were terminated immediately and on the basis of the complaint that was lodged by the de facto complainant, the Secretary of the Ambalapara Grama Panchayat, the present crime was registered.

¶24

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

¶25

BA 5096/2020

¶26

¶27

The allegation against the applicant is definitely grave. The anticipatory bail application filed by him before the Sessions Court, Palakkad was dismissed and therefore, he seeks indulgence of this Court. The applicant has no criminal antecedents. He is not involved in any other crime. He has also remitted the entire amount, which he received as salary/remuneration as submitted by the learned Public Prosecutor, under instructions. Under the circumstances, I find that custodial interrogation of the applicant may not be necessary. He is willing to cooperate with the investigation. There is no possibility of his absconding. Hence, the applicant is entitled to be granted anticipatory bail.

¶28

In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer, and on the following further conditions:

¶29

(i) He shall appear before the investigating officer as and when called for and co-operate with the investigation.

¶30

(ii) He shall not tamper with evidence or intimidate or influence the witnesses.

¶31

(iii) He shall not get involved in any similar offence during the currency of the bail.

¶32

¶33

BA 5096/2020

¶34

In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.

Sd/-

ASHOK MENON

JUDGE

Aneesh.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aneesh.K 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

Coram

Case details

Similar cases

Asha Murali Vs State of Kerala

Ajmal Khan, Vs State of Kerala

Baiju Sukumaran @ Musthafa Vs State of Kerala

Athul@Appu Vs State of Kerala

Kannan Vs State of Kerala

Sijo Paul Vs State of Kerala