Majju vs. State Of Kerala
Held
The Court granted pre-arrest bail, noting that the underlying dispute was already pending before the Commercial Court and the Investigating Officer confirmed that custodial interrogation of the petitioners was not necessary. Bail was granted subject to conditions including cooperation with the investigation.
Facts
The petitioners sought pre-arrest bail in a case alleging forgery of resignation letters from a company, subsequent formation of a new entity, and fraudulent cancellation of the original company's GST registration using the complainant's digital signature. They were accused of offences under various sections of the Indian Penal Code.
Key Issues
The primary issue was whether the petitioners, facing charges of forgery, cheating, and criminal conspiracy related to company management and GST registration cancellation, should be granted pre-arrest bail under Section 438 CrPC.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 BAIL APPL. NO. 2088 OF 2024 CRIME NO.299/2024 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NOS 1 TO 3: 1 SHANAVAS T.M AGED 40 YEARS S/O, T.P MUHAMMED KUNJU, THAUFEEQ MANSIL, PANAVALLY, THRICHATTUKULAM, AROOR, ALAPPUZHA, PIN - 688526 2 SHAMNA SHANAVAS AGED 35 YEARS W/O SHANAVAS, THAUFEEQ MANSIL, PANAVALLY, THRICHATTUKULAM, AROOR, ALAPPUZHA, PIN - 688526 3 MUHAMMAD SHAMEER AGED 43 YEARS S/O, T.P MUHAMMED KUNJU, THAUFEEQ MANSIL, PANAVALLY, THRICHATTUKULAM, AROOR, ALAPPUZHA, PIN - 688526 BY ADVS. THOMAS J.ANAKKALLUNKAL ANUPA ANNA JOSE KANDOTH DHANYA SUNNY ANN MILKA GEORGE JAYARAMAN S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 MAMMU MANAYIL SYED MUHAMMED MANAYCHAL HOUSE, CHANDIROOR P.O, AROOR, ALAPPUZHA ( IS IMPELADED AS ADDITIONAL SECOND RESPONDENT AS PER ORDER DATED 27.3.2024 IN CRL.M.A NO.1 OF 2024 ) BY ADV No Advocate
B.A.Nos.2088 & 2323of 2024 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.0
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