Allowed

Kunhi Moideen v. State of Kerala

Kerala HC16 Nov 2020Bail Appl./6303/2020

Case brief

AI extract

What is this about?

Single Judge of Kerala High Court allowed an application for anticipatory bail regarding alleged forgery offences. The court granted bail as the applicant had prior bail in connected matters and uncertain compliance grounds were absent.

What did the court decide?

Anticipatory bail allowed subject to surrender within two weeks, executing a bond of Rs.50,000 with two sureties, and appearing before investigating officer.

Kunhi Moideen Vs State of Kerala — Cheating and Forgery | 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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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942 Bail Appl.No.6303 OF 2020

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CRIME NO.723/2018 OF Tirur Police Station , Malappuram

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PETITIONER/S:

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KUNHI MOIDEEN, AGED 54 YEARS, S/O KUNHAMMED, KEEZHEDATHIL HOUSE, PAZHAMKULANGARA, TIRUR, MALAPPURAM DISTRICT – 676101.

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BY ADV. SRI.SOJAN MICHEAL

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RESPONDENT/S:

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

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.6303 OF 2020

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O R D E R

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Dated this the 16th day of November 2020

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This is an application for anticipatory bail under

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Section 438 of the Cr.P.C.

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The applicant is now the sole accused in Crime No.723/2018 of Tirur Police Station for having

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allegedly committed the offences punishable under Sections 465, 468 and 471 of the I.P.C.

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The applicant is a politician and also the

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Municipal Councillor. The prosecution case, in brief,

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is that by using the clout as a politician, the

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certificates which were obtained by beneficiaries from

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the Akshaya Centres showing their land as the wetlands

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was concocted and altered as garden lands and thus the

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applicant allegedly forged and concocted the documents.

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The applicant states that there are other

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accused also who were implicated as co-accused, but

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they were all removed from the party array and because

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Bail Appl.No.6303 OF 2020

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the applicant is a political worker, he has been deliberately arraigned as an accused out of political vendetta. It is further submitted that he is ready to cooperate with the investigation. He is a kidney patient and is 54 years of age. Therefore, the applicant seeks anticipatory bail.

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Heard the learned Counsel for the applicant and the learned Public Prosecutor.

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The learned Public Prosecutor vehemently opposes

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the application for anticipatory bail on the ground that the applicant is a person having criminal antecedents and earlier he has committed another

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offence of similar nature. It is also submitted that he

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has committed a grave offence of concocting documentary evidence to show that the wetlands have been converted

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into garden lands. Under the circumstances, it is prayed

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that he may not be granted anticipatory bail and he has

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to be subjected to interrogation for the purpose of obtaining evidence regarding how he managed to create concocted and forged documents.

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Bail Appl.No.6303 OF 2020

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After having heard the submissions made on

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either side, I find that the applicant has already been granted anticipatory bail in a connected matter of similar nature. There is no case for the prosecutor that the applicant has not been complying with the directions and conditions imposed while granting bail in the

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connected cases. The applicant is a Member of the

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Municipality and there is no reason to believe that he may abscond or not cooperate with the investigation.

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

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(i) He shall not influence or intimidate witnesses or tamper with evidence;

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Bail Appl.No.6303 OF 2020

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(ii) He shall appear before the investigating officer on all Mondays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed whichever is earlier; and

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(iii) During the bail period, he shall not get involved in any similar offences.

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In case of breach of the bail conditions, the

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prosecution shall be at liberty to apply for

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cancellation of the bail before the jurisdictional court.

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ASHOK MENON

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JUDGE

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dkr

Kunhi Moideen v. State of Kerala

Case brief

What is this about?

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Kunhi Moideen v. State of Kerala

Case brief

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