Dismissed

Krishna C.G, v. the State of Kerala

Kerala HC9 Jun 2023Bail Appl./252/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an anticipatory bail application. The Court rejected the plea due to the serious nature of the allegations involving forgery and criminal breach of trust, finding it an unfit case for bail without a probation of bail order upon surrender.

What did the court decide?

Application dismissed; petitioner directed to surrender by 16.06.2023; future bail considerations dependent on law.

Krishna C.G, Vs the State of Kerala — Cheating and Forgery | Kerala HC (2023)

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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 BECHU KURIAN THOMAS

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FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945

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BAIL APPL. NO. 252 OF 2023

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CRIME NO.2086/2021 OF THRISSUR TOWN EAST POLICE STATION

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PETITIONER/ACCUSED:

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KRISHNA C.G
AGED 43 YEARS
S/O. GANGADHARAN, CHOVANNUR HOUSE, RAMAVARMAPURAM (PO),
CHEVOOR, THRISSUR DISTRICT, PIN - 680 631.

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BY ADV BINOY VASUDEVAN

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RESPONDENTS/STATE:

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

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2THE STATION HOUSE OFFICER,
THRISSUR TOWN EAST POLICE STATION, THRISSUR (PO,
THRISSUR DISTRICT, PIN - 680 022.

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PUBLIC PROSECUTOR - SRI.MANU P.G

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. No. 252 of 2023

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BECHU KURIAN THOMAS, J.

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…………………...……………………… BAIL APPL. No. 252 of 2023

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………………………………..……………………… Dated this the 09^th day of June, 2023

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O R D E R

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This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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Petitioner is the accused in Crime No.2086/2021 of Thrissur Town East Police Station, alleging offences punishable under Sections 409, 420, 465, 467 and 471 of Indian Penal Code, 1860.

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According to the prosecution, the accused was the driver of Thrissur Corporation and committed criminal breach of trust and cheating by forging the signature in the vouchers and intends in respect of a vehicle bearing registration No.KL-08-AU4963 during the period from 5.11.2021 to 22.11.2021 and thereby committed the offences alleged.

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Sri. Binoy Vasuderan, the learned counsel for the petitioner contended that the prosecution allegations are false and the petitioner is totally innocent of the allegations. It was

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BAIL APPL. No. 252 of 2023

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further submitted that he is willing to abide by any conditions that may be imposed.

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Sri. Manu P.G, the learned Public Prosecutor opposed the application that the allegations are serious and requires custodial interrogation.

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Petitioner is alleged to have fabricated the documents and forged vouchers and intends in respect of a motor vehicle and filled fuel and commited a serious offence. The nature of the offences alleged against the petitioner can be properly and effectively investigated only through custodial interrogation of the petitioner.

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Taking note of the seriousness of the allegations, I am of the view that this is not a fit case where the petitioner can be protected with an order of anticipatory bail. Hence, I dismiss the application.

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However, if the petitioner surrenders before the Investigating Officer on or before 16.6.2023 he shall be subjected to interrogation without delay and thereafter, if he is arrested, he shall be produced before the jurisdictional court in accordance with law without further delay. If in the event of a bail application being filed by the petitioner, the same shall be considered by the

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BAIL APPL. No. 252 of 2023

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Magistrate in accordance with law.

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The bail application is dismissed subject to the above

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observations.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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Rvm

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BAIL APPL. No. 252 of 2023

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APPENDIX OF BAIL APPL. 252/2023

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PETITIONER ANNEXURES

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Annexure 1CITIZEN COPY OF THE FIR IN CRIME NO.2086
OF 2021 OF THRISSUR TOWN EAST POLICE
STATION.
Annexure 2CERTIFIED COPY OF THE ORDER DATED
03.01.2023 IN CRL.M.C.NO.1595 OF 2022 ON
THE FILE OF ADDITIONAL SESSIONS COURT,
THRISSUR.

Krishna C.G, v. the State of Kerala

Case brief

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Krishna C.G, v. the State of Kerala

Case brief

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