V. Kunhirama Panikker vs State Of Kerala
2022 Latest Caselaw 9612 Ker

Citation : 2022 Latest Caselaw 9612 Ker
Judgement Date : 25 August, 2022

Kerala High Court

V. Kunhirama Panikker vs State Of Kerala on 25 August, 2022

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                          BAIL APPL. NO. 5537 OF 2022
           CRIME NO.273/2022 OF Payyoli Police Station, Kozhikode
PETITIONERs/ACCUSED:

     1      V. KUNHIRAMA PANIKKER,AGED 93 YEARS
            S/O CHEKKAYI PANIKKER, VALIYAPURAKKANDIYIL HOUSE,
            P.O. PALAYAD NADA, PALAYAD AMSOM AND KARUVANCHERI DESOM,
            VATAKARA TALUK, KOZHIKODE DISTRICT - 673521

     2      RAVINDRAN V.P., S/O KUNHIRAMA PANIKKER, AGED 59 YEARS
            KIRAN NIVAS, P.O. PALAYAD NADA, PALAYAD AMSOM AND
            KARUVANCHERI DESOM, VATAKARA TALUK,
            KOZHIKODE DISTRICT - 673521

     3      VENUGOPALAN,AGED 57 YEARS,S/O KUNHIRAMA PANICKER,
            VALIYAPURAKKANDIYIL HOUSE,P.O. PALAYAD NADA,
            PALAYAD AMSOM AND KARUVANCHERI DESOM, VATAKARA TALUK,
            KOZHIKODE DISTRICT - 673521

            BY ADVS.
            U.K.DEVIDAS
            K.K.ANILRAJ



RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682031

            BY SR. PUBLIC PROSECUTOR SMT.SEETHA S.




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BANo.5537 of 2022                                        2




                                 VIJU ABRAHAM, J.
                 .................................................................
                                B.A.No. 5537 of 2022
                 .................................................................
                  Dated this the 25th day of August, 2022


                                           ORDER

This is an application for anticipatory bail.

2. Petitioners are the accused in Crime No.273 of 2022 of

Payyoly Police Station registered alleging commission of offences

punishable under Sections 120B, 420, 468 and 471 read with Section 34

of the Indian Penal Code.

3. The prosecution case in the FIR is that the defacto

complainant was appointed as the manager as per the Will executed by

late V.Kalliani, the sister of 1st petitioner and by suppressing the fact that

the defacto complainant is the manager of the said school, the petitioners

after conspiring together created forged signature, authorization letters

and obtained user ID and password from Samanuaya portal by giving

forged and fabricated letter before the A.E.O. Office, Vatakara and

carried appointment of teachers and collected Government grants and

thereby obtained illegal financial gain by cheating.

4. Petitioners submit that the 1st petitioner is the father of the

defacto complainant and petitioners 2 and 3 are the brothers of the

defacto complainant. Petitioners further submit that they have not

committed any offence as alleged, that the defacto complainant is acting

as the Manager of the school, 1st petitioner was working as a teacher and

petitioners 2 and 3 are working as Headmaster and office attendant

respectively in the said school and that It is the defacto complainant who

was conducting all the activities in his capacity as the Manager of the

school and the petitioners have no role in the management of the school.

Petitioners submits that they have no other criminal antecedents and that

they are ready to co-operate with the investigation.

5. Heard the learned Public Prosecutor who upon instructions

submitted that the allegation against the petitioners is that they have

forged the signature of the defacto complainant and uploaded the

appointment orders in the Samanuaya portal. Learned Public Prosecutor

upon instructions further submitted that the petitioners have no other

criminal antecedents.

6. Considering the facts and circumstances of the case and

considering the age of the petitioners and also the fact that they have no

other criminal antecedents, I feel that custodial interrogation of the

petitioners may not be required for the effective investigation of the case.

The submission made by the petitioners that they are ready to co-

operate with the investigation is recorded.

Therefore, the bail application is disposed of with the

following directions. The petitioners shall surrender before the

investigating officer on 31.08.2022 and make themselves available for

interrogation. In the event of arrest of the petitioners in connection with

Crime No.273 of 2022 of Payyoli Police Station, they shall be produced

before the jurisdictional Magistrate on the same day and shall be

released on bail on the following conditions:

(i) The petitioners shall execute a bond for Rs.50,000/-

(Rupees fifty thousand only) each with two solvent sureties

each for the like sum to the satisfaction of the jurisdictional

Court.

(ii) They shall co-operate with the investigation and make

themselves available for interrogation whenever required;

      (iii)    They shall not tamper with any evidence;

      (iv)     They shall not directly or indirectly make any inducement,

threat or promise to any witness acquainted with the facts of

the case so as to dissuade them from disclosing such facts

to the court or to any police officer;