High Court Kerala High Court

Hussain Aged 41 Years vs State Of Kerala Represented By … on 6 January, 2009

Kerala High Court
Hussain Aged 41 Years vs State Of Kerala Represented By … on 6 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7579 of 2008()


1. HUSSAIN AGED 41 YEARS, S/O.EASA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.K.DIVAKARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :06/01/2009

 O R D E R
                              K. HEMA, J.
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                       B.A. No. 7579 of 2008
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            Dated this the 6th day of January,2009

                                 O R D E R

Petition for anticipatory bail.

2. The alleged offences are under sections 419, 420, 467,

468, 471 and 34 IPC. According to prosecution, property, which

stands in the name of 3rd accused and his former wife (de facto

complainant), was sold by executing a document by 3rd accused

and his present wife (who is the 4th accused) and thereby, in

furtherance of common intention she personated herself as

former wife, while executing the document. The document was

attested by accused 6 and 7. Seventh accused is petitioner

herein. All of them committed the offence in furtherance of the

common intention and de facto complainant filed a private

complaint, based on which the crime was registered.

3. Learned counsel for petitioner submitted that

petitioner is apprehending arrest alleging that he only executed

the document as a witness. Petitioner is absolutely innocent. In

the complaint no specific allegation was made against petitioner,

but he was implicated in the offence only at a belated stage and

that there are only four accused in the complaint. The name of

BA 7579/08 -2-

former wife and present wife are one and the same and hence,

he has not committed any offence knowingly. But it is conceded

that petitioner is a friend of 3rd accused.

4. Learned Public Prosecutor submitted that this is a

clear case where the property belongs to de facto complainant

which stands in the joint name of herself and 3rd accused was

assigned by executing a document by 4th accused personating

herself to be de facto complainant and this was done with the

connivance and knowledge of all the accused. They have

committed the offence in furtherance of common intention. It is

not a fit case to grant bail at this stage case to grant anticipatory

bail, it is submitted.

5. On hearing both sides, I am satisfied of the submissions

made by learned Public Prosecutor. Considering the nature of

allegations made, I am not inclined to grant anticipatory bail.

6. Crime was registered as early as on 25-11-2007 and

petitioner has not so far surrendered before the court or before

the police.

Hence, petitioner is directed to surrender

before the police without any delay and co-operate

with the investigation. Whether he surrenders or not,

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police is at liberty to arrest him and proceed in

accordance with law.

With this direction, this petition is dismissed.

K.HEMA, JUDGE.

mn.