N.V. Srinivasan vs. State Of Kerala
Held
The Court declined to grant anticipatory bail, finding the allegations, particularly the forgery of GST bills, serious and requiring proper investigation including custodial interrogation. However, it directed the petitioner to surrender before the Investigating Officer within two weeks, after which he should be produced before the Magistrate, who would consider his bail application on merits.
Facts
The petitioner sought anticipatory bail in a case alleging he obtained gold ornaments from the defacto complainant, failed to repay Rs.63.14 lakhs, and created a forged GST invoice to falsely show payment. This was a second crime registered after the discovery of the forged GST bills, following a previous similar case where the petitioner was already on bail.
Key Issues
The key legal issue was whether the petitioner was entitled to anticipatory bail, considering the gravity of allegations involving cheating, misappropriation, and the forgery of a GST invoice, especially in light of a prior similar case.
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 MOHAMMED NIAS C.P. MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 BAIL APPL. NO. 3397 OF 2023 CRIME NO.164/2023 OF NEDUPUZHA POLICE STATION, THRISSUR PETITIONER/ACCUSED: N.V. SRINIVASAN, AGED 58 YEARS S/O. N.R. VENKATACHALAPATHY, 6B, 26TH STREET, SIVASAKTHI NAGAR, RCC POST, ANNANUR, CHENNAI, TAMIL NADU, PIN - 600109 BY ADVS. M.R.DHANIL SENITTA P. JOJO RESPONDENT/COMPLAINANT & STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KERALA, PIN - 682031 *2 SUNIL KUMAR, S/O KUNJUNNI, PROPRIETOR OF S.T.JEWELLERY MANUFACTURES, VENGINISSERY, THRISSUR DISTRICT, KERALA (IS IMPEADED AS ADDL.R2 AS PER ORDER IN CRL.M.A.NO.1/2023 DATED 4.12.2023) BY ADVS. E.VIJIN KARTHIK SUJESH MENON V.B. B.RAMAN PILLAI (SR.) SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON 4.12.2023 DELIVERED THE FOLLOWING:
-2- BA No.3397 of 2023 MOHAMMED NIAS C.P.J .................................................. BA No.3397 of
The judgment continues below.
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