Shaabu.V.G. vs. State Of Kerala

Bail Appl./4846/2022HC KeralaGSTCNR KLHC01041860202222 February 2023Bench: HONOURABLE MR. JUSTICE A. BADHARUDEEN9 pages

AI SummaryAllowed

Held

The Court found a prima facie case against the petitioner but granted anticipatory bail, noting the petitioner's prior cooperation with interrogation. Conditions included further interrogation, cooperation with the investigation, and executing a bond. The Court also observed that the de facto complainant could approach the appropriate forum to avoid GST payment, and the GST Department could proceed against the petitioner.

Facts

The petitioner is accused of forging documents using the de facto complainant's Aadhaar and PAN cards to obtain a GST number in the complainant's name, leading to a demand for GST arrears of Rs. 5,97,439/- from the complainant. The petitioner had previously undergone interrogation as per an interim order.

Key Issues

Whether the petitioner, accused of forgery and misusing identity documents to obtain a GST registration, should be granted anticipatory bail under Section 438 CrPC.

Sections Cited

Section 438, Section 498, Section 468, Section 471

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Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 BAIL APPL. NO. 4846 OF 2022 CRIME NO.95/2022 OF PERUMBAVOOR POLICE STATION. PETITIONER: SHAABU.V.G. AGED 52 YEARS VALIYAPURACKAL HOUSE, PERUMBAVOOR.P.O., B.O.C.ROAD, ERNAKULAM DISTRICT., PIN - 683542 BY ADVS. RAJESH VIJAYAN SIKHA S.NAIR RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RAJAN P.S., AGED 75 YEARS, S/O SHANKARAN, PARAMBIKKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM, PIN-683542. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 22.02.2023 IN CRL.M.A.NO.1/2022) BY ADVS. SR.PUBLIC PROSECUTOR SRI.P.G.MANU C.Y. VINOD KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4846 OF 2022 2 A. BADHARUDEEN, J. ------------------------------------------------- B.A.No.4846 of 2022 ------------------------------------------------- Dated this the 22nd day of February, 2023

This is an application for anticipatory bail filed under Section 438 of the Co

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.