The High Court of Kerala disposed of an application for anticipatory bail. The court held that the serious allegations of forgery requiring custodial investigation precluded the grant of bail, and the application was dismissed.
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
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
BAIL APPL. NO. 1642 OF 2023
CRIME NO.20/2023 OF PAYYOLI POLICE STATION
PETITIONER/ACCUSED:
ANJUMOL K.V AGED 30 YEARS S/O VENU. K.V, VALIYAPARAMBIL HOUSE, THRIKKOTTUR AMSOM DESOM, THIKKODI PO, KOYILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673529 BY ADVS. SHANID P. P.P.HASHICK
RESPONDENT/STATE AND COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SR.PUBLIC PROSECUTOR SRI.P.G.MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.1642 OF 2023 2
ORDER
Dated this the 30th day of March, 2023
This is an application for anticipatory bail, filed by the petitioner, who is the sole accused in Crime No.20/2023 of Payyoli Police Station, where the prosecution alleges commission of offences punishable under Sections 465, 468, 471 and 420 of the Indian Penal Code.
the digital signature of the de facto complainant, who is the Village Officer, Thikkodi and forged Income Tax Certificate showing less income and supplied the same to the beneficiaries, in order to avail Social Security Pension, given by the Kerala State. The specific allegation is that, the accused herein created 37 forged certificates and given the same to 37
BAIL APPL. NO.1642 OF 2023 3
beneficiaries. Thereafter, the beneficiaries produced the forged certificates before the Grama Panchayat, Thikkodi and Panchayat authorities detected those certificates as forged and thereby, the Secretary, Grama Panchayat was authorised to enquire in this matter. This is the base, on which, prosecution alleges commission of the above offences.
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for Social Security Pension, based on the said certificates and the same was detected by the Panchayat. It is submitted further that, arrest and custodial interrogation of the petitioner, are necessary to recover those certificates and also investigate into how forgery was committed.
No doubt, the allegations are very serious. Forgery of income certificate showing less income to obtain Social Security
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Pension, is a very serious matter. Going by the seriousness of the allegations, arrest, custodial interrogation and investigation regarding the manner, in which, forgery was committed, are essential part of investigation, to accomplish meaningful prosecution. Therefore, this is not a case of anticipatory bail.
Accordingly, this anticipatory bail application is dismissed.
A. BADHARUDEEN JUDGE
Bb
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving forgery of income certificates to claim social security pension.
Whether custodial interrogation of the petitioner is necessary to investigate the commission of forgery offences.
1 provisions across 1 enactments
Anjumol K.V
State of Kerala
A. Badharden
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
