In a bail application filed by the 3rd accused in a forgery and cheating case involving forged documents for an alleged loan from KSFE, the High Court of Kerala dismissed the plea, citing serious allegations, a history of similar prior crimes, and the initial stage of investigation.
Bail petition dismissed; Petitioner denied regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
BAIL APPL. NO. 1472 OF 2023
CRIME NO.893/2019 OF AIROOR POLICE STATION, THIRUVANANTHAPURAM.
PETITIONER/3RD ACCUSED:
NOUSHAD AGED 48 YEARS S/O MUHAMED KUNJU, (MELATHIL VEEDU), SUBAID MANZIL, NADAYARA BAUNGLAVIL ROAD, MUTTAPALAM DESOM, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695146
BY ADVS. P.ANOOP (MULAVANA) THANIMA S.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY SR.PUBLIC PROSECUTOR SRI.P G MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14.3.2023, THE COURT ON 29.03.2023 DELIVERED THE FOLLOWING:
BAIL APPL. NO.1472 OF 2023 2
ORDER
Dated this the 29th day of March, 2023
This application for regular bail has been filed by the 3rd accused in Crime No.893/2019 of Airoor Police Station, Thiruvananthapuram.
BAIL APPL. NO.1472 OF 2023 3
thandaper account, in the name of the mother of the 1st accused and offered the same as security to avail the loan. It is on this premise, the prosecution alleges commission of offences punishable under Sections 463, 465, 467, 468, 471, 420 of the Indian Penal Code.
BAIL APPL. NO.1472 OF 2023 4
Mananakku branch, to avail loan to the tune of Rs.50 Lakh. The learned Public Prosecutor also would submit that the investigation is at the primitive stage and therefore, the petitioner cannot be released on bail, at this stage. The learned Public Prosecutor also pointed out the involvement of the petitioner in multiple crimes, inclusive of two crimes of similar nature, earlier, while strongly opposing bail to the petitioner.
Ayiroor Police Station Crimes
1. Cr. 821/2018 U/s- 465, 468, 471, 472, 420 IPC
2. Cr. 709/ 2021 U/s- 8(1)(2), 55 (g) of Kerala Abkari Act Varkala Police Station Crimes
1. Cr. 655/ 2010 U/s.143, 147, 148, 149, 341, 323, 294(b), 506(ii) of IPC and 27 of Arms Act.
2. Cr. 1355 2014 U/s- 120 (b), 419, 420, 423, 468,471 PC
3. Cr.2036/ 2017 U/s- 452, 294 (b), 354, 427, 34 IPC.
the petitioner herein is a person, who alleged to have forged title deed in the name of the mother of the 1st accused and also he
BAIL APPL. NO.1472 OF 2023 5
alleged to have forged tax receipt, possession certificate, location certificate, location plan, thandaper account, by using forged seal and signature of Village Officer, Chemmaruthy. Thereafter, the accused herein produced the said forged documents and used the same as genuine, by producing the same as security to KSFE, to avail the loan. It is shocking to note further that, this is third crime of similar nature registered against the petitioner, apart from other crimes, extracted hereinabove. Thus, the allegations are very serious. Multiple documents pertaining to Sub Registrar Office and Village Office, were forged and used the same as genuine, with intention to cheat KSFE and to make unlawful enrichment to the accused and to make responding loss to KSFE. The prosecution records would suggest that the investigation is at the initial stage and material part of the investigation is yet to accomplish. In such a case, release of the petitioner on bail would be fatal to the investigation. Further, the apprehension expressed by the learned Pubic Prosecutor that, if the petitioner would be released, he would repeat similar crimes, is also a matter of serious concern.
BAIL APPL. NO.1472 OF 2023 6
Viewing the history of the case as espoused, the petitioner cannot be released on bail, at this stage and therefore, this petition deserves no merits and accordingly, the same stands dismissed.
Sd/-
A. BADHARUDEEN
JUDGE
Bb
1 issue framed by the court
Whether balance on hand not to grant bail to a 3rd accused in a serious forgery and cheating case involving multiple prior criminal records pending investigation?
NOUSHAD
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
