Allowed

Sarath S.R. v. State of Kerala

Kerala HC4 Aug 2022Bail Appl./1200/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, an accused in a forgery and cheating case involving a forged insurance policy. The court stipulated surrender, cooperation with investigation, and standard bail conditions.

What did the court decide?

Petitioner granted bail to surrender before the investigating officer on 12.08.2022, execute a bond of Rs. 50,000 with sureties, and cooperate with investigation under specified conditions.

Sarath S.R. Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 VIJU ABRAHAM

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THURSDAY, THE 4^TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944

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BAIL APPL. NO. 1200 OF 2022

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(Crime No.52 of 2020 of the Guruvayoor Police Station in Thrissur

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District)

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PETITIONER/ACCUSED:

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SARATH S.R., AGED 29 YEARS SRAMBIKKAL HOUSE, IRINGAPPURAM DESOM, PUTHENPALLI, THRISSUR DISTRICT, PIN - 680103

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BY ADV ADITHYA RAJEEV

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RESPONDENT/STATE:

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

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2 GEORGE

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AGED 48 YEARS THATTIL MAPRANATHUKARAN HOUSE, VARAKKARA P.O, AMBALOOR, GURUVAYOOR, THRISSUR DISTRICT., PIN - 680302

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OTHER PRESENT:

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PP - SMT. NIMA JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 1200 of 2022 2

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VIJU ABRAHAM, J.

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-------------------

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B.A. No. 1200 of 2022

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---------------------------------Dated this the 4^th day of August, 2022

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ORDER

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Application for anticipatory bail.

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The Petitioner is the accused in Crime No. 52/2020 of Guruvayur Police Station. The crime has

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been registered on the basis of a complaint preferred by the 2nd respondent, who is the Investigator of United India Insurance Company, alleging commission of offences under sections 420, 465 and 468 of the Indian Penal Code.

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The prosecution case in brief is that prior to 18-01-2020, the accused had forged insurance policy certificate of United India Insurance Company pertaining to the motorcycle bearing Registration No. KL-46 2 H-3990 which belonged to the accused. It is further alleged that the accused had committed

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B.A. No. 1200 of 2022 3

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the alleged forgery with the intention to cheat and

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defraud the insurance Company.

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Petitioner submits that he has been falsely

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implicated in the above said crime. In February 2019, the petitioner had sold the motorcycle to a company named Bike links Chavakkad, which is engaged

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in the purchase and sale of used motorcycles. The vehicle was validly insured at the time of the sale of the vehicle. The motorcycle was thereafter sold by the company to one Mr. Abdul Salam on 02-11-2019 and ownership was also changed to the name of Abdul Salam, as is evident from Annexure-II. Petitioner further submits that he has no other criminal antecedents.

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Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

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The learned Public Prosecutor upon instructions submitted that only when the policy was brought to the insurance company for change of name, it was

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B.A. No. 1200 of 2022 4

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found that the insurance policy was a forged one. It is seen that a not to arrest order has been issued by this Court as early as on 29.3.2022 and it is still in force. The learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents.

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Having regard to the facts and circumstances of the case, and considering the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. The above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 12.08.2022 and cooperate with the investigation. In the event of arrest of the petitioner in Crime No.52 of 2020 of Guruvayur Police Station, the petitioner shall be produced before the jurisdictional Magistrate and

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shall be released on bail on the following conditions:

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(i) The petitioner shall execute a bond for

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B.A. No. 1200 of 2022 5

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sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.52/2020 of Guruvayur Police Station as and when summoned to do so;

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(iii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

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(iv) Petitioner shall not tamper with any evidence;

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(v) Petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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(vi) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated,

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the Investigating Officer in Crime No.52/2020 of Guruvayur Police Station, may file an application before the jurisdictional court for cancellation of

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B.A. No. 1200 of 2022 6

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bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663) .

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sd/- VIJU ABRAHAM,JUDGE

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Sarath S.R. v. State of Kerala

Case brief

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Sarath S.R. v. State of Kerala

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