Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 16TH DAY OF JULY 2013 25TH ASHADHA, 1935 Bail Appl..No. 4935 of 2013 () ------------------------------- CRIME NO. 417/2013 OF THIRUVALLA POLICE STATION , PATHANAMTITTA PETITIONER/2ND ACCUSED: ---------------------- PARAMESWARAN PILLAI, AGED 6 YEARS, MAHATTIL HOUSE, KAVIYOOR.P.O., THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. SRI.ABHILASH GOPAN RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J.
----------------------------------------------- B.A No.4935 of 2013 ------------------------------------------------------- Dated this the 16th day of July, 2013 ORDER Petitioner is the second accused in Crime No.417 of 2013 of Thiruvalla Police Station registered for offences punishable under Sections 420 and 506(i) r/w Section 34 of Indian Penal Code and Section 3 r/w Section 17 of Kerala Money Lenders Act, 1958. He has filed the above application seeking pre-arrest bail under Section 438 of the Code of Criminal Procedure.
2. Petitioner is a document writer. He has been falsely implicated in the crime as one among the accused on baseless allegations, is the submission of counsel. De facto complainant had previously filed a civil suit impeaching the B.A No.4935/2013 2 documents executed by first accused as her power of attorney in favour of third accused and that suit was dismissed for non-prosecution, long back, is the submission of counsel. As part of his vocation as a document writer petitioner prepared some documents for its registration and for that reason alone he is now being proceeded in the above crime with no circumstance available to inculpate him for any of the offences imputed of, is the further submission. Petitioner is prepared to abide by any condition imposed by this court, is the submission of his counsel to grant him the discretionary relief canvassed. Opposing the application learned Public Prosecutor submitted that the materials gathered by investigating agency disclose complicity of petitioner in the offences imputed of and this is not a fit case where petitioner can be extended anticipatory bail. B.A No.4935/201”
3. Case diary has been produced for my perusal. After looking into the case diary and taking note of the materials so far collected by the investigating agency, I find, circumstances presented in the case give enough room to suspect complicity of petitioner in the alleged defrauding and cheating of de facto complainant at the instance of first accused who is stated to be a money lender. When that be so, this is not a fit case where petitioner can be extended anticipatory bail. However, petitioner can be extended an opportunity to surrender before the Investigating Officer and co-operate with investigation while declining pre-arrest bail. Petitioner is directed to appear before the Investigating Officer at 10:00 a.m on 19.07.2013. On such appearance, after his interrogation, in the event of his arrest in the crime, he shall be produced before the Magistrate of competent jurisdiction without delay. On such production, application for bail, if any, moved by petitioner with B.A No.4935/2013 4 advance notice to the Assistant Public prosecutor, shall be considered by the Magistrate, expeditiously, and disposed on its merits, in accordance with law. Petition is disposed of. vdv S.S.SATHEESACHANDRAN, JUDGE