Sajitha vs State Of Kerala
2023 Latest Caselaw 11421 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                 BAIL APPL. NO. 2891 OF 2023
   CRIME NO.618/2022 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT CRMC 196/2023 OF DISTRICT COURT &
                  SESSIONS COURT,KOZHIKODE


PETITIONER/ACCUSED No.6:

         SAJITHA
         AGED 49 YEARS, W/O. SOMASUNDARAN,
         THEDIYAMMAL HOUSE, ELATHOOR,
         KOZHIKODE DISTRICT, PIN - 673303

         BY ADV K.RAKESH


RESPONDENTS/STATE/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, KOCHI, PIN - 682031
    2     THE STATION HOUSE OFFICER
          KASABA POLICE STATION, KOZHIKODE,
          KOZHIKKODE DISTRICT, PIN - 673001
    3     THE MANAGER
          KERALA STATE FINANCIAL ENTERPRISES,
          KALLAYI BRANCH,
          KOZHIKODE DISTRICT, PIN - 673003

         SRI. P.G. MANU (MAMMALASSERY), SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.2891/2023
                                      ..2..



                    MOHAMMED NIAS C.P., J.
                     ---------------------
                           B.A.No. 2891/2023
            ---------------------------
                   Dated this the 8th day of November, 2023

                             ORDER

This application is filed under Section 438 of the Code of Criminal

Procedure, seeking pre-arrest bail.

2. The petitioner is the 6th accused in Crime No.618/2022 of

Kasaba Police Station, Kozhikode District, for having allegedly

committed offences punishable under Sections 420, 465, 468, 471, 120B

read with Section 34 of the Indian Penal Code.

3. The prosecution case is that the 7 th accused had chitty with

KSFE and to avail a loan of Rs.3 lakhs, he produced forged title

documents of the 5th accused and upon suspicion when the 3rd respondent

forwarded the documents to the Village Office, Balussery, the truth had

come out and consequently the above crime was also registered.

4. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

5. Considering the allegations against the petitioner for having

allegedly forged documents to obtain a loan from the KSFE apart from B.A.No.2891/2023 ..3..

similar antecedents reported against the petitioner, I do not think this is a

fit case for granting anticipatory bail as it will affect a proper

investigation. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating

Officer in seven days, she shall be interrogated and thereafter, shall be

produced before the Magistrate having jurisdiction on the date of

surrender itself. If the petitioner moves for bail, the court below shall,

untrammelled by any of the observations in this order, consider the bail

application on merits as expeditiously as possible. If the petitioner does

not surrender before the Investigating Officer, as directed above, the

Investigating Officer will be free to arrest the petitioner as if no order has

been passed in this case.

Subject to the above, this application is dismissed.

Sd/-

MOHAMMED NIAS C.P.

JUDGE APA