Sethu T. Udayan vs State Of Kerala

P.G. Ajithkumar, J.

This is an application for anticipatory bail filed by accused No.4 in Crime No.471 of 2024 of Palarivattom Police Station. The offences alleged against him and the co accused are punishable under Sections 406, 408, 418, 420, 468 and 471 read with Section 34 of the Indian Penal Code, 1860. The petitioner has filed Bail Application No.2787 of 2024 earlier seeking anticipatory bail. That application was dismissed by this Court as per the order dated 03.05.2024. Now, contending that accused No.3 was granted anticipatory bail by this Court as per Annexure 5 order, approached this Court with the present petition.

Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the defacto complainant.

Accused No.2 filed Bail Application No.2842 of 2024 for anticipatory bail. This Court disposed of that application as per Annexure 2 order. It is seen that while considering the Bail Application filed by the accused No.3, Annexure 2 was not brought to the notice of this Court.

The learned Public Prosecutor on instructions would submit that in the nature of the allegations levelled against the accused custodial interrogation is absolutely necessary. Manipulation and forgery of documents; not only one instance, but around 60 instances concerning registration and transfer of motor vehicles have taken place. Therefore seizure of many documents is absolutely necessary for taking the investigation into a logical end. The same is the submission of the learned counsel for the defacto complainant also. In the above mentioned circumstances, the petitioner is not entitled to get anticipatory bail. An investigation in a proper way cannot be had if the petitioner is granted anticipatory bail. There must be opportunity for the Investigating Officer to interrogate the petitioner and collect the relevant materials and documents.

I am of the view that an order in terms of Annexure 2 will be apposite in the case of the petitioner.

Accordingly, this bail application is disposed of with the following directions:

i. The petitioner will surrender before the Investigating Officer within three days from today.

ii. If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself.

iii. The petitioner is free to file bail application before the jurisdictional court at the time of producing him before the Magistrate. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself.

iv. The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also.