Kerala High Court
Adolf Xavier Aged 56 Years vs Unknown on 9 April, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 9TH DAY OF APRIL 2014/19TH CHAITHRA, 1936
Bail Appl..No. 2483 of 2014 ()
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CRIME NO. 1238/2013 OF ALAPPUZHA SOUTH POLICE STATION , ALAPPUZHA
PETITIONER/ACCUSED:
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ADOLF XAVIER AGED 56 YEARS
S/O XAVIER, RETIRED HIGH SCHOOL TEACHER
RESIDING AT KALLUKULAM HOUSE, KAITHAVANA WARD
SANATHANAPURAM P.O., PAZHAVEEDU VILLAGE, ALAPPUZHA.
BY ADV. SRI.MAURICE VINCENT
RESPONDNET/STATE:
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STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE
MANNANCHERRY POLICE STATION
BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM.
BY PUBLIC PROSECUTOR: ADV LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-04-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A. No.2483 of 2014
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Dated this the 09th day of April, 2014
O R D E R
Petitioner is accused in Crime No.1238 of 2013 of the Alappuzha South Police Station for the offences punishable under Sections 403, 406, 465, 468 and 471 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner was entrusted with renovation work of four roads by the Alappuzha Municipality. An agreement was executed on 18.03.2013. The petitioner did not complete the work but on the strength of the forged documents, collected Rs.6,64,672/- from the said Municipality.
Learned counsel submits that the allegations are not true. According to the learned counsel, the petitioner is not having connection with the case as the prosecution alleges. It is also submitted that the petitioner was spending money from his pocket to complete the work.
3. Having heard both sides, it is revealed that even using bills on the strength of unsigned documents, the petitioner used B.A. No.2483 of 2014 -: 2 :- to collect money from the Municipality. I wonder how this could be possible unless there is connivance of the officials concerned. This is a matter which the investigating Officer has to look into. It also remains to be seen how without verifying the work bills were passed.
4. Having heard both sides I an not inclined to grant relief to the petitioner.
Application is dismissed.
THOMAS P.JOSEPH, JUDGE.
vsv