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High Court of KeralaBail Appl./6713/2014dismissed

Shyijil Kumar v. State Of Kerala

2015-05-29Honourable Mr. Justice Babu Mathew P.Joseph4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 29TH DAY OF MAY 2014/8TH JYAISHTA, 1936 Bail Appl..No. 6713 of 2014 (D) ------------------------------------ CRIME NO. 383/2012 OF MURIKKASSERY POLICE STATION, IDUKKI -------- PETITIONER/ACCUSED:

-------------------------- SHYIJIL KUMAR AGED 40 YEARS S/O.PRABHAKARAN, PROPRIETOR M/S.SURYA SPICES RESIDING AT OLIYANICKAL HOUSE, MUKUDAM P.O.

IDUKKI DISTRICT.

BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS/STATE AND RESPONDENT:

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

2. SUB INSPECTOR OF POLICE MURIKKASSERY, MURIKKASSERY POLICE STATION, IDUKKI DISTRICT-685602 BY PUBLIC PROSECUTOR SRI.GITHESH R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

------------------------------------------------ ------------------------------------------------ Dated this the 29th day of May, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents. C.D. produced.

3. The petitioner is the accused in Crime No.383 of 2012 of Murikkassery Police Station. The offences alleged are under Sections 465, 468, 471 and 420 of IPC. The allegation is that the petitioner forged a patta and used it as a genuine one apart from other allegations. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. The investigation of the case has progressed much. She further submits that the petitioner apprehends arrest by the police at any time.

4. Learned Public Prosecutor has opposed this petition.

-2He submits that serious allegations are raised against the petitioner. The investigation of the case is progressing. It has to be ascertained whether any other person is involved in the commission of the crime. If the petitioner is granted anticipatory bail, there is every chance of him influencing the witnesses and tampering with the evidence. Therefore, he prays for dismissing this petition. The offences alleged are serious in nature. On considering the matter, in the light of the facts submitted by the learned Public Prosecutor, it is not at all proper to grant anticipatory bail to the petitioner. This is not a fit case for granting anticipatory bail. Therefore, it is dismissed.

Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE

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