Dismissed

Shaji.T. v. State of Kerala

Kerala HC24 Jan 2024Bail Appl./154/2024

Case brief

AI extract

What is this about?

The High Court declined to grant pre-arrest bail to the third accused in a case involving serious allegations of forgery, cheating, and criminal conspiracy. The court held that the seriousness of the allegations and the need for proper investigation weighed against anticipatory bail, directing the petitioner to surrender to the investigating officer instead.

What did the court decide?

Anticipatory bail denied. Petitioner directed to surrender to the Investigating Officer within two weeks for interrogation and production before the Magistrate.

Shaji.T. Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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WEDNESDAY, THE 24^TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945

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BAIL APPL. NO. 154 OF 2024

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CRIME NO.218/2022 OF NATTUKAL POLICE STATION, PALAKKAD

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PETITIONER/ACCUSED NO.3:

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SHAJI.T. AGED 42 YEARS, S/O.KUMARAN T C, THAZHATHETHIL HOUSE, MANNUR (P.O), PATHIRIPPALA, PALAKKAD DISTRICT, PIN – 679302

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BY ADVS. JERRY PETER VINOD S. PILLAI

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RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 2 ABU.K.K. AGED 55 YEARS S/O.HASSANKUTTY, KUMBALAKUZHIYAN HOUSE, KARKKIDAMKUNNU POST, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN – 679335

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SMT.NIMA JACOB, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No. 154/2024

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..2..

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MOHAMMED NIAS C.P., J.

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

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B.A.No. 154 OF 2024

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

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Dated this the 24^th day of January, 2024

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O R D E R

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

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The petitioner is the third accused in Crime No.218 of 2022 of Nattukal Police Station, Palakkad, for having allegedly committed o ffences punishable under Sections 379, 406, 420, 465, 468, 471, 120-B, 408 read with Section 34 of the Indian Penal Code.

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The prosecution case is that during the period of 2005 to 9.7.2021, the petitioner, in connivance with the first and second accused, created a seal of a Retired Assistant Engineer, using the same and putting concocted signature of the same person in the bills have misappropriated Rs.83,00,000/- of the Society and first accused with the help of second accused has stolen articles of the Society worth Rs.7,00,000/- and kept at Alanallur Nidhi Ltd another financial institution and thereby cheated the Society.

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The learned counsel appearing for the petitioner and the

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learned Public Prosecutor were heard.

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B.A.No. 154/2024

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..3..

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The learned Public Prosecutor opposing the anticipatory bail

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application submits that the petitioner is the contractor of tendered work and had submitted the documents which are alleged to be forged. Petitioner relies on Annexure A5 order of this Court granting regular bail to accused Nos.1 and 2. The accused, Nos. 1 and 2, were the President and Secretary of the Society, and the committee decided to commence the work entrusted to the petitioner herein. Since the Society sanctioned the work and the accused Nos.1 and 2 were the President and Secretary of the society, bail was granted by Annexure A5 order. In the instant case, it's the contractor who has filed this application seeking anticipatory bail.

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6 . The allegations against the petitioner are serious, and the grant of anticipatory bail will certainly affect a proper investigation. Under such circumstances, I am not inclined to grant anticipatory bail to the petitioner. Therefore, the following directions are issued:-

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In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does

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B.A.No. 154/2024

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..4..

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not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

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The bail application is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P.

JUDGE

APA

B.A.No. 154/2024

..5..

APPENDIX OF BAIL APPL. 154/2024

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PETITIONER ANNEXURES

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Annexure	A1 TRUE COPY OF	THE ORDER	IN
	CRL.M.C.NO.1623/20	22 PASSED BY	THE
	DISTRICT AND SESS DATED 13.07.2022	IONS COURT, PAL	AKKAD
Annexure	A2 TRUE COPY OF THE HON'BLE COURT IN DATED 28.04.2023	ORDER PASSED BY CRL.M.C.NO:5066	THIS /2022
Annexure	A3 TRUE COPY OF THE HONOURABLE COURT NO: 2217 OF 2022 D	ORDER PASSED BY IN BAIL APPLIC ATED 04.04.2022	THIS ATION
Annexure	A4 TRUE COPY OF THE	NOTICE ISSUED	UNDER
	SECTION 41(A) (1)	OF CODE OF CRI	MINAL
	PROCEDURE BY THE NATTUKAL POLICE ST	INSPECTOR OF PO ATION DATE NIL	LICE,
Annexure	A5 TRUE COPY OF	THE ORDER IN	BAIL
	APPLICATION NO.9 THIS HON'BLE COURT	561/2023 PASSED DATED 16.11.202	BY 3

Shaji.T. v. State of Kerala

Case brief

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Shaji.T. v. State of Kerala

Case brief

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