RAJESH P.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

(2.) The applicants are the accused Nos. 2 and 3 in Crime No.269/2023 of Aluva Police Station. The offences alleged are punishable under Ss. 420, 465, 468, 471 and 34 of the IPC and Sec. 7(a) and (b) of the Prevention of Corruption Act, 1988.

(3.) The crime was initially registered under Ss. 420, 465, 468, 471 and 34 of the IPC against the accused Nos. 1 to 4 at the instance of one Mr. Sirajudheen, the husband's brother of the accused No.1, with the allegation that with intention to cheat the defacto complainant and thereby derive undue enrichment, the accused Nos. 1 to 4 obtained a false Legal Heirship Certificate of the late husband of the accused No.1 from the Tahsildar, Aluva, by submitting false certificate fraudulently signed by accused Nos. 2 and 3 showing the mother and sister of the defacto complainant who were actually alive as dead and submitted the same to the employer of the husband of the accused No.1 and obtained service benefits of ?50,00,000/- and also attempted to transfer the Post Office registration of APM Communications which was in the name of the husband of the accused No.1 and the accused No.4 extended all help to the accused No.1. During investigation, the Village Officer who gave report to the Tahsildar to issue the Legal Heirship Certificate was arrayed as the accused No.5 and Sec. 7(a) and (b) of the Prevention of Corruption Act also has been added.