Kerala High Court
Jamshad K P vs State Of Kerala on 18 March, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Bail Appl..No.1055 OF 2021
CRIME NO.8/2021 OF CBCID, MALAPPURAM , MALAPPURAM
PETITIONER/ACCUSED:
JAMSHAD K P,
AGED 31 YEARS,
KALATHIL PARAMBIL HOUSE,
POILISSERY POST,
KAINIKARA, THRIPRANGODE.
MALAPPURAM
PIN-676102
BY ADV. SHRI.T.K.AJITH KUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
PIN-682031
2 ADV. ANTONY LOYED,
AGED 47 YEARS,
SECRETARY,
CENTER FOR PUBLIC INTEREST LAW,
ST.VINCENT ROAD,
ERNAKULAM
PIN-682018
R1 BY PUBLIC PROSECUTOR
R2 BY ADV. ANTONY LOYED
OTHER PRESENT:
SRI.SANTHOSH PETER - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1055 OF 2021
2
ORDER
Dated this the 18th day of March, 2021 APPLICATION FOR ANTICIPATORY BAIL The applicant has approached this Court for anticipatory bail alleging that he has been implicated as an accused for offences punishable under Sections 420, 468 and 471 of the IPC in Crime No. 8 of 2021 of CBCID, Malappuram. The prosecution case, in brief, is this:
2. The applicant had allegedly concocted fraudulent documents and dishonestly used as genuine documents for the purpose of issuing degree certificates to various students and thus committed the offence of cheating as genuine fraud documents and making or processing counterfeit seal etc., for the purpose of committing offences punishable under Section 467 of the IPC. The defacto complainant was also impleaded B.A.No.1055 OF 2021 3 and he has appeared.
3. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the defacto complainant in person, who is an Advocate as also the learned Public Prosecutor.
4. On the basis of the complaint filed by the defacto complainant, a raid was conducted at the office of the applicant.
But, apart from a certificate allegedly issued from Meghalaya University, nothing else could be recovered from there and the said certificate has been sent for an expert opinion which is still awaiting. There is no precise allegation of cheating somebody or used in very particular forged documents as genuine to attract offences alleged against the applicant. And, therefore, I find that at present there is no apprehension of arrest and the learned Public Prosecutor has admitted that even consequent to the raid, no incriminating documents have been seized from the possession of the applicant. Therefore, the apprehension of arrest is misplaced.
B.A.No.1055 OF 2021 4 Hence, the application is disposed of with a direction to the SHO, CBCID, not to arrest the applicant until served with a notice under Section 41A of the Cr.P.C, in case any incriminating documents are seized or revealed during the course of the investigation.
Sd/-
ASHOK MENON JUDGE NR/18/03/2021