Sandhya vs State Of Kerala
2023 Latest Caselaw 5343 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
  TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                    BAIL APPL. NO. 3092 OF 2023
 CRIME NO.246/2023 OF Arthungal Police Station, Alappuzha
 AGAINST THE ORDER/JUDGMENT CRL.MP 1332/2023 OF DISTRICT &
                     SESSIONS COURT, ALAPPUZHA
PETITIONER/ACCUSED:

         SANDHYA
         AGED 49 YEARS
         W/O. SATHEESAN, PERAYIL HOUSE,
         CHERUVARANAM, WARD NO. IV,
         KANJIKUZHI PANCHAYAT, CHERTHALA,
         ALAPPUZHA, PIN - 688 555.

         BY ADVS.
         JOY GEORGE
         PRAICY JOSEPH
         TANYA JOY
         GEORGE BRISTON
         ANIMMA JOSEPH


RESPONDENTS/COMPLAINANTS:

    1    STATE OF KERALA
         REPRESENTED BY THE THE PUBLIC PROSECUTOR
         HIGH COURT OF KERALA
         ERNAKULAM, PIN - 682 031.
    2    THE STATION HOUSE OFFICER
         ARTHUNKAL POLICE STATION
         ARTHUNKAL, ALAPUZHA DISTRICT,
         PIN - 688 555.

         SRI. P.G MANU - PP



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.04.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO.3092 OF 2023
                                     2




                      P.G. AJITHKUMAR, J.
                    -------------------------------
                      B.A.No.3092 of 2023
             --------------------------------------------------
              Dated this the 25th day of April, 2023

                                ORDER

This is an application for anticipatory bail filed under

Section 438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in Crime No.246

of 2023 of Arthungal Police Station. The offences alleged

is under Sections 420, 465, 468 and 471 of the Indian

Penal Code, 1860.

3. The allegations based on which the Crime was

registered are the petitioner who is the proprietor of a

concern name 'Habitat Constructions' falsely affixed the

signature of the defacto complainant and her designation

seal in the papers submitted before the Cherthala

Panchayath for obtaining building permit. Thereby the

petitioners committed the aforementioned offences. BAIL APPL. NO.3092 OF 2023

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

5. The learned counsel appearing for the petitioner

would submit that the petitioner has been engaging the

defacto complainant for certifying building plans and

application for permit to be submitted before the Local

Self Government for the last several years and now she

filed a complaint before the police without any reason.

Further, the allegations levelled against the petitioner

would not amount to the criminal offences as alleged.

6. The facts constituting the allegations levelled

against the petitioner who is a woman are borne by

records. The custodial interrogation of the petitioner is

not necessary for the furtherance of the investigation.

The petitioner and the defacto complainant are persons

known to each other and therefore there is no question of

any mistaken identity also.

Taking into account all such matters, the application

is disposed of directing the applicant to surrender before

the investigating officer within a period of one week from BAIL APPL. NO.3092 OF 2023

today. In the event of his surrendering before the

investigating officer, she shall, after interrogation and

necessary other formalities of investigation, be produced

before the Magistrate having jurisdiction within the time

specified in Section 57 of the Code. If any bail application

is filed by the petitioner, on such production, the learned

Magistrate shall dispose of the same, as far as possible,

on the same day.

Sd/-

P.G. AJITHKUMAR JUDGE

SPR BAIL APPL. NO.3092 OF 2023

APPENDIX

PETITIONER'S ANNEXURES:-

ANNEXURE - A1 THE TRUE COPY OF THE FIR DATED 22.03.2023 OF ARTHUNKAL POLICE STATION IN CRIME NO. 246/23.

ANNEXURE - A2 THE TRUE COPY OF THE FI STATEMENT OF THE DE-FACTO COMPLAINANT DATED 22.03.2023.

        ANNEXURE - A3    THE TRUE COPY OF THE ORDER DATED
                         03.04.2023    IN     CRL.M.P.    NO.
                         1332/2023   BEFORE    THE   SESSIONS
                         COURT, ALAPPUZHA.

        RESPONDENTS EXHIBITS:    NIL.