Allowed

Nazar Pakideri v. State of Kerala

Kerala HC17 Sept 2021Bail Appl./4512/2021

Case brief

AI extract

What is this about?

The Kerala High Court granted pre-arrest bail to Nazar Pakideri, the first accused in a forgery case under Sections 468 and 471 IPC. The court observed that allegations primarily pointed to the second accused and allowed bail subject to specific conditions.

What did the court decide?

Bail granted on executing a bond of Rs. 50,000 with two sureties for the same amount, subject to conditions of interrogation, cooperation, and non-interference.

Nazar Pakideri 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 MRS. JUSTICE SHIRCY V.

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FRIDAY, THE 17^TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943

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BAIL APPL. NO. 4512 OF 2021

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CRIME NO.140/2021 OF PANTHEERANKAVU POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT IN CRMC 532/2021 OF COURT OF SESSIONS,

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KOZHIKODE

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PETITIONER/ACCUSED:

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NAZAR PAKIDERI AGED 45 YEARS S/O.KOYAKKUTTY HAJI, PAKIDERI HOUSE, P.O.PANTHEERAMKAVU, PERUMANNA AMSOM AND PUTHUR DESOM, KOZHIKODE TALUK.

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BY ADV SUNNY MATHEW

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RESPONDENTS/COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2 STATION HOUSE OFFICER PANTHEERAMKAVU POLICE STATION, KOZHIKODE DISTRICT, PIN - 673 019.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 4512 OF 2021

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ORDER

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Apprehending arrest in connection with Crime No.140/2021 of Pantheeramkavu Police Station, Kozhikode District registered for the offences punishable under Sections 468 and 471 of the Indian Penal Code, the petitioner, who is the 1^st accused has moved this application under Section 438 of the Code of Criminal Procedure.

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The allegation of the prosecution is that, this petitioner had forged certain documents and submitted the same before the Perumanna Grama Panchayath for residential certificate. On verification of the same by the officials, it was revealed that he had forged the documents with the connivance of the 2^nd accused and thereby they together have committed the aforesaid offences.

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The learned counsel for the petitioner has submitted that

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he has absolutely no knowledge about the documents created by the 2^nd accused. In fact, he is having certain property, out of the same, he had alienated about 10 cents of land in favour of his son. His intention was to construct a residential building in the remaining property. So he approached the 2^nd accused, who is a civil engineer to prepare a plan for the building to apply for permit for construction of the building. So as to prepare the building plan, he

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BAIL APPL. NO. 4512 OF 2021

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had handed over the copy of his title deed also to the 2^nd accused. No other documents have been handed over to him by this petitioner. But later it was realized that the 2^nd accused had forged certain documents and submitted before the Grama Panchayath and pursuant to the complaint lodged by the officials of the Panchayath this petitioner has also been implicated in this case. In fact, he is innocent.

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The learned Public Prosecutor has also submitted that, an ownership certificate as well as a building certificate have been submitted by the 2^nd accused and on investigation it is revealed that those documents are forged documents. So search was conducted in the residence of the 2^nd accused and his lap top and such other articles were seized and now the investigation is well in progress.

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On hearing the learned counsel for the petitioner as well the learned Public Prosecutor, it appears that the allegations of the prosecution are pointing to the 2^nd accused, who had forged documents. In fact, this petitioner has entrusted the copy of his title deed only for the purpose of preparing the plan as he was treated as a service provider. But he never entrusted his tax receipt or such other documents to enable him to prepare the plan. But

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BAIL APPL. NO. 4512 OF 2021

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only when the police has intervened and called him to the police station, he came to know that such documents were forged and produced before the Panchayath authorities by the 2^nd accused. In fact, he is totally unaware of the same and he has not committed any offence as alleged. Still, as he is having an apprehension that he will be arrested, I think that this application for pre-arrest bail can be granted as sought for by the learned counsel for the petitioner. So this application will stand allowed subject to the following conditions:

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(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of his arrest.

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(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

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(iii) He shall co-operate with the investigation and trial of the case.

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(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

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BAIL APPL. NO. 4512 OF 2021

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him from disclosing such facts to the court or to any

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police officer or tamper with the evidence.

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(v) He shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the learned

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Magistrate is empowered to cancel the bail in accordance with the

law.

Sd/-

SHIRCY V.

JUDGE

mpm

Nazar Pakideri v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nazar Pakideri v. State of Kerala

Case brief

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