Kerala High Court
Surendran Nair vs State Of Kerala on 15 January, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
Bail Appl.No.7959 OF 2020
CRIME NO.1241/2020 OF Karamana Police Station, Thiruvananthapuram
PETITIONER/S:
1 SURENDRAN NAIR,
AGED 65 YEARS, S/O KUTTAN PILLAI,
NANDANAM, TC 6/52, AZHAMKAL,
PAPPANAMCODE.P.O.,
THIRUVANANTHAPURAM DISTRICT-695018.
2 CHANDRALEKHA,
AGED 40 YEARS,
ANANDU NIVVAS, TC 64/1097,
KARUMOM PO., THIRUVANANTHAPURAM DISTRICT-695018.
3 YAMUNA S.,
AGED 42 YEARS, D/O SAHADEVAN NAIR,
KEZHE KALPALASSERI VEEDU, VRA 88,
TC 54/2202, PAPPANAMCODE,
THIRUVANANTHAPURAM DISTRICT-695018.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
2 PRAVITTHA J.R.,
AGED 31 YEARS,
ABHILASH BHAVAN, MELAMKODU, NEMOM.P.O.,
THIRUVANANTHAPURAM DISTRICT-695020.
R1 BY SRI.SANTHOSH PETER, SR.PP
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.7959 OF 2020
2
O R D E R
Dated this the 15th day of January 2021 This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. The applicants are accused 1 to 3 in Crime No.1241/2020 of Karamana Police Station for having allegedly committed the offences punishable under Sections 408, 419, 420, 465, 468, 471 and 477A read with Section 34 of the I.P.C.
3. The prosecution case, in brief, is that the applicants had in furtherance of common intention, acting as President, Secretary and Cashier respectively of Karumom Resident Cooperative Society, forged an application in the name of the de facto complainant without her knowledge, seeking a loan of Rupees one lakh, and the said loan was been sanctioned as per No.PL/45/2016 and allegedly disbursed to her with her mother as one of the surety. The signatures of the borrower and her surety were both allegedly forged. Bail Appl.No.7959 OF 2020 3 The de facto complainant stated that she had not borrowed any amount, and therefore, made a complaint and in consequence of which the crime was registered.
4. The applicants contend that the de facto complainant had actually borrowed the amount in 2016 and thereafter also repaid it on 18.12.2019.
5. Heard the learned Counsel appearing for the applicants and the learned Public Prosecutor.
6. The de facto complainant has no knowledge about the repayment of the loan also and therefore the repayment was also allegedly made by the applicants themselves to wriggle out from the liability. Under the circumstances, the complicity of the applicants on the basis of the statement of the person who had allegedly borrowed the amount has been established prima facie. However, the Prosecution case rests on the documentary evidence, which is in the custody of the Society and has been seized by the police. Hence, custodial interrogation of the applicants may not be Bail Appl.No.7959 OF 2020 4 necessary for the purpose of investigation and they are willing to cooperate with the investigation.
In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) They shall not influence or intimidate witnesses or tamper with evidence;
(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and
(iii)During the bail period, they shall not get involved in any similar offences.
Bail Appl.No.7959 OF 2020 5 In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON
dkr JUDGE