IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4660 of 2008()
1. M.V.MAHAMOOD, AGED 49 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP.BY S.I.OF POLICE,
... Respondent
For Petitioner :SRI.V.JOHN SEBASTIAN RALPH
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :25/07/2008
O R D E R
K. HEMA, J.
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B.A.No. 4660 of 2008
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Dated this the 25th day of July, 2008
O R D E R
Application for bail.
2. The alleged offences are under sections 120(b), 423, 465, 466,
467, 468, 471, 472, 473, 474 and 476 read with section 34 IPC . According
to the prosecution, the petitioner supplied false documents, on the strength
of which, a loan was availed of by accused 1 and 2 to the tune of about
Rs.3 crores from a bank. Documents were forged in the name of fictitious
persons. The petitioner received Rs.60 lakhs as remuneration for the alleged
act committed by him.
3. This application is strongly opposed. The learned Public
Prosecutor submitted that crores of rupees are involved and the bank was
cheated by producing forged document. The crime was registered in 2007
and petitioner was not available for arrest for a long period and he was
arrested only on 26-3-2008. Accused 1 and 2 are not available for arrest.
Investigation can be completed only after the arrest of accused 1 and 2 and
investigation is at the preliminary stage. If the petitioner is released on bail
at this stage, it will adversely affect the investigation and it is also likely
BA 4660/2008 -2-
that the petitioner will tamper with the evidence and influence the witnesses,
it is submitted.
4. Learned counsel for the petitioner submitted that in the lower
court this application was not opposed by the Assistant Public Prosecutor
and it was submitted there that bail can be granted on conditions. It was also
submitted that the grounds stated by the court below for refusing the bail is
not sustainable and petitioner cannot be detained till the arrest of accused
1 and 2.
5. On hearing both sides, I am satisfied that the release of the
petitioner, at this stage of investigation and in a nature of this crime, will
interfere with an effective investigation into the crime, since accused 1 and 2
who are the main culprits are not arrested so far.
The application is dismissed.
K. HEMA, JUDGE.
mn.