Allowed

Cristabel Johnson v. State of Kerala

Kerala HC9 Dec 2020Bail Appl./7408/2020

Case brief

AI extract

What is this about?

High Court at Ernakulam granted anticipatory bail to Cristabel Johnson, accused of cheating and forgery for using a fake Panchayat licence with a bank. Court noted her lack of criminal record, willingness to cooperate, and absence of absconding risk.

What did the court decide?

Application allowed; applicant directed to surrender within two weeks or release on bail on security of Rs.50,000 with two sureties.

Cristabel Johnson Vs State of Kerala — Money Laundering | 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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WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942

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Bail Appl..No.7408 OF 2020

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CRIME NO.1882/2020 OF Kottiyam Police Station, Kollam

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PETITIONER/A1:

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CRISTABEL JOHNSON AGED 53 YEARS RESIDING AT MARYAS COTTAGE, KOVIL THOTTAM CHERI, KOVIL THOTTAM, PANMANA VILLAGE, CHAVARA P.O. CHAVRA, KOLLAM 691583

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BY ADV. SRI.B.DIPU SACH DEEV

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RESPONDENT/S:

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

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2 KOTTAMKARA GRAMA PANCHAT SECRETARY KOTTAMKARA GRAMA PANCHAYAT OFFICE ,PEROOR ROAD, TKMC P.O.AYATHIL KOTTAMKARA,KOLLAM 691004

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R1 BY PUBLIC PROSECUTOR R2 BY SHRI.PRATHEESH P., SC, KOTTAMKARA GRAMA PANCHAYAT

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OTHER PRESENT:

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SRI.E.C.BINEESH -PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA 7408/2020

O R D E R

Dated this the 9th day of December 2020

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

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The applicant is the first accused in Crime No.1882 / 2020 of Kottiyam Police Station for having allegedly committed offences punishable under Sections 420, 468, 471 and 472 IPC.

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The prosecution case, in brief, is that the applicant was intending to do some business relating to cashew nuts and in consequence of that, the Bank authorities had insisted on opening a current account. For opening the current account, she allegedly obtained a forged concocted licence purportedly issued by the Grama Panchayat and produced the same as genuine before the Bank authorities for opening the current account. On enquiry being made by the officers of the Bank with the Panchayat, it was revealed that the document was forged and not issued from there.

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The applicant states that she has no criminal antecedents and that she has only studied up to 10^th standard and was not aware whether a licence could be obtained online. She approached Vivek, the second accused under the impression that the licence from the Panchayat could be obtained online, as he had made her believe. She had requested him to apply for a licence for the purpose of being produced before the Bank authorities. Believing that the licence handed over to her was

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BA 7408/2020

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original, she produced it before the Bank authorities for the purpose of opening the current account. She has not been in any manner illegally enriched because opening that account. Neither has she received any remuneration or loan on the basis of the alleged forged document. She has no criminal antecedents. Hence, she seeks anticipatory bail.

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Heard the learned counsel appearing for the applicant, learned counsel appearing for the Grama Panchayat as also the learned Public Prosecutor.

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The applicant is not educated enough to understand the purport of online application for obtaining a licence from the Panchayat. Understanding that a single-window application could be made for issuance of a licence from the Grama Panchayat to conduct a business, she approached the second respondent, who is conducting a DTP centre, and with his help, she applied for a licence and a copy of the same was handed over to her by him. Under the belief that it was an original certificate, she produced it before the Bank authorities. She has no mala fide or dishonest intention to deceive or cheat either the Bank authorities or the Grama Panchayat. Therefore, she prays that she may be granted anticipatory bail.

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On hearing the submissions made by both sides, I find that the applicant is a 52-year-old lady without any criminal antecedents. She is willing to cooperate with the investigation. There is no possibility of her absconding. All the documents purportedly forged are in the possession of the investigating

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BA 7408/2020

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officer. Therefore, the custodial interrogation of the applicant may not be necessary. There is little possibility of the applicant absconding or not cooperating with the investigation. The applicant is entitled to anticipatory bail.

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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. In the event of the applicant being arrested, she 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 further conditions:

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

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

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

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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

Cristabel Johnson v. State of Kerala

Case brief

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Cristabel Johnson v. State of Kerala

Case brief

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