Allowed

Jamshad K P v. State of Kerala

Kerala HC18 Mar 2021Bail Appl./1055/2021

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What is this about?

The Court disposed of an anticipatory bail application filed by an accused alleged to have committed cheating and forgery offenses. Finding no real apprehension of arrest as no incriminating documents were seized, the Court granted bail with a direction not to arrest until a notice under Section 41A Cr.P.C. is served.

What did the court decide?

Application disposed of with a direction to SHO, CBCID not to arrest the applicant until served with a notice under Section 41A of Cr.P.C.

Jamshad K P Vs State of Kerala — Cheating and Forgery | Kerala HC (2021)

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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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THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

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Bail Appl..No.1055 OF 2021

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CRIME NO.8/2021 OF CBCID, MALAPPURAM , MALAPPURAM

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PETITIONER/ACCUSED:

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JAMSHAD K P, AGED 31 YEARS, KALATHIL PARAMBIL HOUSE, POILISSERY POST, KAINIKARA, THRIPRANGODE. MALAPPURAM PIN-676102

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BY ADV. SHRI.T.K.AJITH KUMAR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 2 ADV. ANTONY LOYED, AGED 47 YEARS, SECRETARY, CENTER FOR PUBLIC INTEREST LAW, ST.VINCENT ROAD, ERNAKULAM PIN-682018 R1 BY PUBLIC PROSECUTOR R2 BY ADV. ANTONY LOYED

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OTHER PRESENT:

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SRI.SANTHOSH PETER – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1055 OF 2021

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ORDER

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Dated this the 18th day of March, 2021

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APPLICATION FOR ANTICIPATORY BAIL

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The applicant has approached this Court for anticipatory bail alleging that he has been implicated as an accused for offences punishable under Sections 420, 468 and 471 of the IPC in Crime No. 8 of 2021 of CBCID, Malappuram. The prosecution case, in brief, is this:

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The applicant had allegedly concocted fraudulent documents and dishonestly used as genuine documents for the purpose of issuing degree certificates to various students and thus committed the offence of cheating as genuine fraud documents and making or processing counterfeit seal etc., for the purpose of committing offences punishable under Section 467 of the IPC. The defacto complainant was also impleaded

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B.A.No.1055 OF 2021

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and he has appeared.

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Heard the learned counsel appearing for the applicant

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and the learned counsel appearing for the defacto complainant in person, who is an Advocate as also the learned Public Prosecutor.

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On the basis of the complaint filed by the defacto complainant, a raid was conducted at the office of the applicant. But, apart from a certificate allegedly issued from Meghalaya University, nothing else could be recovered from there and the said certificate has been sent for an expert opinion which is still awaiting. There is no precise allegation of cheating somebody or used in very particular forged documents as genuine to attract offences alleged against the applicant. And, therefore, I find that at present there is no apprehension of arrest and the learned Public Prosecutor has admitted that even consequent to the raid, no incriminating documents have been seized from the possession of the applicant. Therefore, the apprehension of arrest is misplaced.

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B.A.No.1055 OF 2021

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Hence, the application is disposed of with a direction to the SHO, CBCID, not to arrest the applicant until served with a notice under Section 41A of the Cr.P.C, in case any incriminating documents are seized or revealed during the course of the investigation.

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Sd/ASHOK MENON JUDGE

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NR/18/03/2021

Jamshad K P v. State of Kerala

Case brief

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Jamshad K P v. State of Kerala

Case brief

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