Allowed

Usha Gopi v. State of Kerala

Kerala HC12 Oct 2022Bail Appl./5720/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, Usha Gopi, charged with forgery under Sections 466, 471, and 34 of the IPC. The court held that custodial interrogation was unnecessary and imposed standard bail conditions.

What did the court decide?

Anticipatory bail granted. Petitioner to execute bond of Rs.50,000 with two sureties, appear when called, and not interfere with investigation or witnesses.

Usha Gopi 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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WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944
BAIL APPL. NO. 5720 OF 2022

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PETITIONER/ACCUSED:

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USHA GOPI
AGED 63 YEARS, W/O GOPI,
THONDIPARAMBU,KALAVERI MOUNT KARA,
THANKAMONI,IDUKKI,
PIN - 685609
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH

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RESPONDENT/STATE:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
(CRIME NO 874/2022 OF KATTAPANA
POLICE STATION, IDUKKI DISTRICT)
, PIN - 682031
2STATION HOUSE OFFICER
KATTAPANA POLICE STATION
(CRIME NO 874/2022 OF KATTAPANA
POLICE STATION)
, PIN - 685508
BY ADV GOVERNMENT PLEADER

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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
12.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Bail Appln No. 5720 of 2022 2

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VIJU ABRAHAM , J. =========================== Bail Appln. No.5720 of 2022

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============================ Dated this the 12^th day of October, 2022

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O R D E R

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This is an application for anticipatory bail.

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Petitioner apprehends arrest in connection with Crime No. 874/2022 of Kattapana Police Station, Idukki District, alleging commission of the offences punishable under Sections 466 and 471 read with Section 34 of the Indian Penal Code.

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Above crime was registered on 22.06.2022 and the alleged incident happened, according to the prosecution, between 01.09.2018 and 08.11.2018. The crime was registered on the basis of the complaint of one Vishal Johnson who is the Inspector of Police, Kattapana, on the alleging that to save the husband of the accused who is involved in an NDPS case which is now pending as SC No. 330/2019 on the file of the Additional Sessions Court, Thiruvananthapuram colluded with the 2^nd accused and alleged that a complaint was registered using the receipt book of No. 15 and submitted the receipt as genuine before the Additional Sessions Court VII, Thiruvananthapuram.

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Bail Appln No. 5720 of 2022 3

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The petitioner submitted that she has been falsely implicated in the above said crime. In fact the documents in question were produced before the trial court and they were marked without any objection. It is only thereafter, the present crime has been registered. The specific case of the petitioner is that her husband has been falsely implicated in an NDPS case and it is only to save their skin, the excise official has submitted the present complaint which lead to the registration of Annexure A1 F.I.R.

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The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner has managed to obtain a receipt and assigned false seal and thereby committed the alleged offence.

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Considering the facts and circumstances of the case and nature of allegation, I feel that custodial interrogation of the petitioner may not be required for the purpose of the investigation. Therefore, I am inclined to grant anticipatory bail to the petitioner.

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In the result, this application is allowed. The Petitioner shall surrender before the Investigating Officer in Crime No. 874/2022 of Kattapana Police Station on 17.10.2022 at 11 AM and shall make herself available for interrogation on that day or any other

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Bail Appln No. 5720 of 2022 4

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day/days as directed by the Investigating Officer. In the event of arrest of the petitioner in Crime No. 874/2022 of Kattapana Police Station, the petitioner shall be produced before the jurisdictional Court on the very same day and shall be released on bail subject to the following conditions.

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(i) The petitioner shall execute a bond for a 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) The petitioner shall appear before the investigating officer in Crime No. 874/2022 of Kattapana Police Station, as and when called for;

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(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 874/2022 of Kattapana Police Station;

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iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 874/2022 of Kattapana Police Station may file an application before the jurisdictional Court, for cancellation of bail.

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Bail Appln No. 5720 of 2022 5

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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

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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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sks/-

Usha Gopi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Usha Gopi v. State of Kerala

Case brief

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