Kerala High Court
Kunnaruvath Janaki vs State Of Kerala on 15 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
BAIL APPL. NO. 9725 OF 2023
CRIME NO.784/2023 OF Nileswar Police Station, Kasargod
PETITIONER
1 KUNNARUVATH JANAKI,
AGED 75 YEARS
W/O.LATE AMBU, RESIDING AT CHATHAMATH, KARIYAMKODE,
CHATHAMATH P.O., PEROLE VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN - 671314
2 PREETHA K,
AGED 43 YEARS
D/O. AMBU, RESIDING AT CHATHAMATH, KARIYAMKODE,
CHATHAMATH P.O., PEROLE VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN - 671314
3 SHEEJA K,
AGED 40 YEARS
D/O. AMBU, RESIDING AT CHATHAMATH, KARIYAMKODE,
CHATHAMATH P.O., PEROLE VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN - 671314
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENT
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SECRETARY,
NEELESHWARAM MUNICIPALITY, NEELESHWARAM P.O.,
KASARAGOD DISTRICT
B.A. No.9725 of 2023
2
IS IMPLEADED AS PER ORDER DATED 22.11.2023 IN BA. 9725/2023
OTHER PRESENT:
SMT. T.V NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.9725 of 2023
3
MOHAMMED NIAS C.P, J.
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B.A. No.9725 of 2023
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Dated this the 15th day of December, 2023
ORDER
This is an application for anticipatory bail filed by the petitioner under Section 438 of the Code of Criminal Procedure.
2. The petitioners are the accused 1,7 and 8 in Crime No. 784/2023 of Neeleshwaram Police Station, which was registered for the offences punishable under Sections 465, 468 and 471 of IPC.
3. The prosecution case is as follows:
The husband of the 1st petitioner who is the father of petitioners 2 and 3 Sri. Kunnaruvath Ambu was sanctioned with financial assistance from the Neeleswaram Municipality under the PMAY scheme for the construction of a residential building in a property. While the construction was going on, the aforesaid Sri. Kunnaruvath Ambu expired on 10.02.2022. Sri. Kunnaruvath Ambu is survived by 11 persons as his legal heirs as per the legal heir certificate. On the death of Sri. Kunnaruvath Ambu, the accused applied for occupancy B.A. No.9725 of 2023 4 certificate to the Neeleshwaram Municipality by submitting the legal heir certificate by deleting the names of three legal heirs. The forgery as above was revealed when it was forwarded for verification to the Tahsildar, thereby the accused committed the aforesaid offences.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor for the State.
5. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations.
6. The learned Public Prosecutor opposes the prayer sought by the petitioner.
Considering the differences in both certificates, namely the alleged forged certificate and the original produced by the learned Public Prosecutor pursuant to the order of this Court, I do not think this as a fit case in which anticipatory bail can be granted to the petitioner as it will adversely affect the investigation. In such circumstances, I do not find any merit in this application, and accordingly, the same is dismissed.
Sd/-
MOHAMMED NIAS C.P, JUDGE
B.A. No.9725 of 2023
5
APPENDIX OF BAIL APPL. 9725/2023
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR DATED
30/9/2023 IN CRIME NO.784/2023 OF
NEELESHWARAM POLICE STATION