Kerala High Court
Shyamala vs The Station House Officer on 26 June, 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
THURSDAY, THE 26TH DAY OF JUNE 2014/5TH ASHADHA, 1936
Bail Appl..No. 4534 of 2014 ()
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CRIME NO. 510/2014 OF THALASSERY POLICE STATION, KANNUR DISTRICT
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PETITIONER/ACCUSED NO.1 :
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SHYAMALA
W/O. LATE. VENUGOPAL, 34 YEARS, VENUNADAM
AMBILATTIL, KOTANCHERI P.O., PURAMERI (VIA).
BY ADV. SRI.U.P.BALAKRISHNAN
RESPONDENT/COMPLAINANT :
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THE STATION HOUSE OFFICER
THLASSERI, REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
THOMAS P. JOSEPH, J.
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Bail Appl. No.4534 of 2014
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Dated this the 26th day of June 2014
O R D E R
Petitioner is accused in Crime No.510 of 2014 of the Thalassery Police station for the offences punishable under Secs.468 and 471 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner, while working as Office Attendant in the Local Fund Audit department forged her salary certificate as if it is issued by a retired officer of that department and presented the same in the Union Bank, Vadakara branch as security for loan applied for, on 19.03.2014. It is submitted that the bank authorities primafacie found the seal and signature affixed in the certificate to be forged. It is also submitted that the petitioner is involved in Crime No.1465 of 2014 Bail Appl. No.4534 of 2014 2 for similar offence, was granted pre arrest bail in that case and while so, got involved in the present case.
3. Learned counsel submitted that the allegations are not true. It is submitted that the forgery if any is effected by the 2nd accused who is the son of the petitioner.
4. Learned Sessions Judge also noticed that the petitioner committed the offence in this case while on pre arrest bail in Crime No.1465 of 2013.
5. Involvement of the petitioner if any in the alleged incident has to be ascertained. Investigation cannot be affected. Hence, request for pre arrest bail cannot be allowed. But I am inclined to issue directions.
Application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.510 of 2014 of the Thalassery Police station on 07.07.2014 at 10.00 am for interrogation.
2. In case interrogation of the Bail Appl. No.4534 of 2014 3 petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days at all reasonable time and place.
3. Petitioner shall co-operate with investigation of the case.
4. In case arrest of the petitioner is recorded, she shall be produced before the jurisdictional magistrate the same day.
5. On such production, it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
6. If custody of the petitioner is required for any purpose, the investigating officer also can move application before the learned magistrate.
7. Learned magistrate shall consider Bail Appl. No.4534 of 2014 4 the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH
JUDGE
/ True Copy /
NS P.A. To Judge