Mohammad Koya vs State Of Kerala
2023 Latest Caselaw 666 Ker

Citation : 2023 Latest Caselaw 666 Ker
Judgement Date : 12 January, 2023

Kerala High Court

Mohammad Koya vs State Of Kerala on 12 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                    BAIL APPL. NO. 8441 OF 2022
    Crime No.260/2022 of Atholi Police Station, Kozhikode
                             District
PETITIONER/ACCUSED:

          MOHAMMAD KOYA
          AGED 67 YEARS
          PULAKKAL, ULLIYERI, KOZHIKODE, PIN - 673620
          BY ADV NIDHI BALACHANDRAN

RESPONDENT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
    2     STATION HOUSE OFFICER
          ATHOLI POLICE STATION, KOZHIKODE, PIN - 673315
          BY ADV PUBLIC PROSECUTOR

OTHER PRESENT:

          PP: SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.8441 of 2022             :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.8441 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 12th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.260/2022 of

Atholi Police Station, Kozhikode District, alleging commission of

offences punishable under Sections 465, 468 and 471 of the Indian

Penal Code.

3. The prosecution allegation is that, the accused created a

false document forging the signature and seal of the Agricultural

Officer stating that on 05.03.2020, the local level monitory

committee took a decision that the property of the petitioner should

be excluded from the data bank since the same was converted prior

to 2008 and thus the accused has committed the aforesaid

offences.

4. The learned counsel for the petitioner submitted that the

petitioner has not committed any offences as alleged. It is the case

of the petitioner that on 2020, the petitioner's friend took the

documents of the property of the petitioner informing that he will

get conversion of petitioner's property for arranging a private loan

and that the petitioner came to know about the forgery only on

meeting the Agricultural Officer.

5. The learned Public Prosecutor upon instructions submitted

that it is the petitioner who has produced the documents before the

Agricultural Officer which contained forged seal and signature of

the Agricultural Officer. It is further submitted that the petitioner

is not involved in any other crime.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, I am inclined to grant bail to the

petitioner subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 18.01.2023, at 11

a.m, and subject himself for interrogation on that day and on any

other day/days (in between 9 am and 6 pm) as directed by the

investigating officer. The petitioner shall co-operate with the

investigation. In the event of arrest in Crime No.260/2022 of Atholi

Police Station, Kozhikode District, he shall be produced before the

jurisdictional Court on the very same day and shall be released on

bail, subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with two

solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) The petitioner shall appear before the

investigating officer in Crime No.260/2022 of Atholi

Police Station, Kozhikode District, on every Saturday,

at 11 am, until the filing of the final report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.260/2022 of Atholi Police Station,

Kozhikode District, as and when summoned to do so;

(iv) The petitioner shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in Crime No.260/2022 of Atholi Police

Station, Kozhikode District;