Shanavas C.T. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937HH Bail Appl..No. 5317 of 2015 ------------------------------------- CRIME NO. 418/2015 OF MELATTUR POLICE STATION , MALAPPURAM ----------------- PETITIONER(S)/ACCUSED NO.2:

---------------------------------------------- SHANAVAS C.T., AGED 40 YEARS, S/O.AHAMMEDKUTTY (LATE), CHALIYATHODI HOUSE, MELATTOOR P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

2. THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, MALAPPURAM DISTRICT, PIN 676505.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5317 of 2015 -------------------------------------- Dated this the 11th day of September, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the second accused in Crime No. 418 of 2015 of Melattoor Police Station registered for offences punishable under Sections 420, 468 and 471 of the Indian Penal Code.

3.

Prosecution case, in short, is that on 26.06.2015, the first accused with an intention to deceive produced a forged tax receipt for availing loan from Axis Bank, Perinthalamanna. When the forgery was detected he was questioned which revealed the role played by the petitioner.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Learned counsel for the petitioner submitted that the petitioner is not involved in any offence. According to the Prosecutor, he is the person who forged the basic tax receipt.

6.

Considering the nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. He shall surrender before the Investigating Officer within two weeks from today and submit himself for

BA No.5317/2015 interrogation. The Investigating Officer shall produce him before the learned Magistrate having jurisdiction on the date of surrender itself. Thereafter, the petitioner is free to move for regular bail before the learned Magistrate. In that event, the learned Magistrate shall consider the application as expeditiously as possible on merits. Application is disposed of.

A. HARIPRASAD, JUDGE.

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