Allowed

Sindhu N.G. v. State of Kerala

Kerala HC17 Mar 2021Bail Appl./1736/2021

Case brief

AI extract

What is this about?

This court allowed an application for arrested bail filed by the third accused, a scribe, in a cheating case. The court found that custodial interrogation was not necessary for a scribe who may not know document contents, granted bail with conditions, and directed surrender.

What did the court decide?

Application for bail allowed; applicant directed to surrender within two weeks or be released on bail after interrogation upon execution of bond for Rs. 50,000 with two sureties.

Sindhu N.G. Vs State of Kerala — Criminal Trial and Appeal | 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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WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

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Bail Appl..No.1736 OF 2021

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CRIME NO.51/2021 OF POOCHAKKAL POLICE STATION , ALAPPUZHA

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PETITIONER/ACCUSED NO.3:

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SINDHU N.G, AGED 49 YEARS, W/O SALIKUMAR, SAINDHAVAM, THIRUNELLOOR.P.O, CHERTHALA TALUK, ALAPPUZHA DISTRICT PIN-688 541 BY ADV. SHRI.SUNIL KUMAR A.G

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RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682 031 2 THE STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT PIN-670 613 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-688 526

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3 PARAMESWARAN NAIR, S/O. NARAYANAN NAIR, AGED 56 YEARS, ADAYATHUVELI HOUSE, PANAVALLY POST & VILLAGE, CHERTHALA, ALAPPUZHA - 688 526. R1 BY PUBLIC PROSECUTOR R2 BY ADV. SMT.G.N.DEEPA

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B.A.No.1736 OF 2021

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R2 BY ADV. SRI.G.N.NAIR

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OTHER PRESENT:

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SMT.V.SREEJA - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1736 OF 2021

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ORDER

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Dated this the 17th day of March, 2021

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APPLICATION FOR ANTICIPATORY BAIL

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The applicant is the 3^rd accused in Crime No.51 of 2021 of Poochakkal Police Station, Alappuzha, for having allegedly committed offences punishable under Sections 420 read with Section 34 of the IPC. The prosecution case, in brief, is this:

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The applicant as a scribe and the 2^nd accused as a licensed document writer executed a sale deed bearing Reg.No.982 of 2014 executed by the 1^st accused in favour of the 3^rd respondent/defacto complainant assigning his property to the 3^rd respondent and thereafter the very same document writer and the scribe executed yet another document in the year 2015, bequeathing the property in favour of the 1^st accused's son and daughter and thereby suppressing the earlier sale deed in favour of the defacto complainant and thus allegedly cheated the defacto complainant. The applicant states that the allegations are not true. She is only a scribe. She has no knowledge about the

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B.A.No.1736 OF 2021

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execution of the earlier document and that the 2^nd accused is the licensed document writer and she writes document as prepared by the 2^nd accused and apart contribution by subscribing her handwriting to the documents, she has no knowledge about the contents of the documents. And, therefore, she is innocent. She

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has no criminal antecedents. There is no requirement for custodial interrogation of the applicant. And, therefore, she seeks pre-arrest bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. Considering the entire facts and circumstances of this case, I find that the applicant is admittedly is only a scribe and a scribe is not under usual circumstances supposed to know the contents of the documents. It is the licensed document writer, who prepares the document and after preparing the draft, it is handed over to the scribe, who prepares the final document. Under the circumstances, I find that custodial interrogation of the applicant may not be necessary. She has no criminal antecedents. There is no possibility of her fleeing from justice.

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In the result, the application is allowed and the applicant is directed to surrender before the Investigating Officer

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B.A.No.1736 OF 2021

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within two weeks. In the event of her arrest, after interrogation, she shall be released on bail on the execution of a bond for

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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 following further conditions:

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(i) She shall appear before the Investigating Officer as and when called for.

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

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

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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The bail application is allowed.

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Sd/ASHOK MENON JUDGE

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NR/17/03/2021

Sindhu N.G. v. State of Kerala

Case brief

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Sindhu N.G. v. State of Kerala

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