IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 4942 of 2008() ----------------------------- CRIME NO.424/2008 OF THALIPARAMBA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ CHULLIYODAN, PATTUVAM VALAPPIL SALEEM, S/O.ALI, AGED 42 YEARS, S.M.VILLA, KARIMBAM P.O., THALIPARAMBA TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THALIPARAMBA POLICE STATION, (THROUGH PUBLIC PROSECUTOR OF THE HIGH COURT OF KERALA). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4942 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 419, 464, 465, 467 and 468 IPC. According to prosecution, a vehicle was purchased in the name of petitioner (A1) by personating himself to be one Muhammed Kunju. For the purpose of purchasing the vehicle, hire purchase agreement was executed and one Asia (A4) impersonate herself as the surety by name Maria and “Maria” is the de facto complainant. Documents were forged also and all the accused committed various offences in furtherance of common intention and they are arrayed as 1 to 5 in the crime. 3. Learned counsel for petitioner submitted that this is a false complaint filed against petitioner, at the instance of Muhammed Kunju. No personation or forgery was committed. But, Muhammed Kunju himself purchased the vehicle in his own name and thereafter there was an arbitration proceedings against him and an award was also passed and when it came up for BA 4942/08 -2- execution, to evade the execution proceedings, the complaint is filed by him and a crime was registered as Crime 206/2006. Thereafter, the de facto complainant in this case was also persuaded to file a complaint like this. 4. Learned Public Prosecutor opposed the petition and pointed out that the offences were committed by petitioner and others while Muhammed Kunju was not available in India. In his absence forged documents were created in his name and this is a clear case of forgery and personation and petitioner's presence is required for interrogation to ascertain more details regarding modus operandi of the offence. 5. On hearing both sides, I am satisfied that petitioner will be required for the purpose of interrogation and investigation, since many materials will be within the exclusive knowledge of petitioner which can be brought out only by an interrogation by police. The crime is registered as early as in 2006 and petitioner was not available for arrest and hence it is necessary that a direction is issued against him. At any rate, this is not a fit case to grant anticipatory bail. Hence, petitioners are directed to surrender before the Investigating Officer within seven days BA 4942/08 -3- from today and co-operate with the investigation and make himself available for interrogation. K.HEMA, JUDGE. mn.