High Court Kerala High Court

Shanthi T.V. vs State Of Kerala on 26 September, 2007

Kerala High Court
Shanthi T.V. vs State Of Kerala on 26 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5832 of 2007()


1. SHANTHI T.V., AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/09/2007

 O R D E R
                             R.BASANT, J
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                         B.A.No.5832 of 2007
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              Dated this the 26th day of September, 2007

                                 ORDER

Application for anticipatory bail. The petitioner faces allegations

of having committed offences punishable, inter alia, under Section 468

IPC. The de facto complainant allegedly wanted her licence for running

a tea shop to be renewed. The Panchayath had allegedly raised some

objection. The de facto complainant allegedly approached the

petitioner, a member of the Panchayath, for her help to get the licence

renewed. The petitioner allegedly took a huge amount of money from

the de facto complainant and promised to do the needful. A renewed

licence was made available to the de facto complainant. The

Panchayath member of the local ward, happened to see the said

renewed licence. He entertained doubts and verified. It was revealed

that the licence was a forged one. The petitioner had allegedly forged

the said licence. The complaint was filed by the de facto complainant

before the Director General of Police. The same was forwarded to the

local Police. Investigation is in progress. The petitioner apprehends

imminent arrest.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. The petitioner has political rivals

B.A.No. 5832 of 2007 2

who are inimical to the petitioner and false allegations are being raised

against the petitioner. It is prayed that the petitioner may be spared

of the undeserved trauma of arrest and detention.

3. The learned Public Prosecutor opposes the application. The

learned Public Prosecutor submits that sufficient indications pointing to

the complicity of the petitioner have, by now, been collected by the

Investigators. There is absolutely no reason of doubt or suspect the

version of the de facto complainant now. Political animosity alleged is

without any basis. It has nothing to do with the present crime into

which the investigation is being conducted. There is absolutely no

circumstance justifying invocation of the extraordinary equitable

discretion under Section 438, submits the learned Public Prosecutor.

The petitioner may be directed to surrender before the learned

Magistrate or the Investigating Officer and seek regular bail in the

ordinary course, prays the learned Public Prosecutor. The learned

Public Prosecutor submits that though the crime was initially registered

as Crime No.413/2007 of Peerorkada Police Station, the same is now

being investigated after transfer by Vattiyoorkavu Police Station and

the Crime No. is 289/2007.

4. I have perused the case diary. Having considered all the

relevant inputs, I find merit in the opposition by the learned Public

B.A.No. 5832 of 2007 3

Prosecutor. I find no features in this case suggesting the need for

invocation of the extraordinary equitable discretion under Section 438

Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case

where the petitioner must appear before the Investigating Officer or

learned Magistrate and seek regular bail in the ordinary and normal

course.

5. In the result, this petition is dismissed. Needless to say, if

the petitioner appears before the Investigating Officer or the learned

Magistrate and applies for bail, after giving sufficient prior notice to the

Prosecutor, the learned Magistrate must proceed to pass appropriate

orders on merits, in accordance with law and expeditiously.

(R.BASANT, JUDGE)
sj
/TRUE COPY/

P.A.TO JUDGE