XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed by the de-facto complainant in Crime No.1436/201 of Palarivattom Police Station praying that the anticipatory bail granted by this Court to the 3rd respondent vide order dtd. 10/11/2021 in B.A. No.7368/2021 be cancelled on the ground that the 3rd respondent got involved in yet another crime namely Crime No.357/2024 of Elathoor Police Station registered under Ss. , 406, 417, 419, 420, 265, 467, 468, 474 r/w Sec. 120 of the Indian Penal Code. It is thus alleged that the 3rd respondent had misused the freedom granted by this Court while granting anticipatory bail to him in violation of condition No.(iv) of the order granting anticipatory bail which provides that the 3rd respondent shall not get himself involved in any other crime while on bail.

(2.) Sri. D. Anil Kumar, the learned counsel appearing for the petitioner submits that the fact that the 3rd respondent is the 2nd accused in Crime No.357/2024 of Elathoor Police Station cannot be disputed. It is submitted that since the registration of this crime constitutes a violation of condition No.(iv) referred to above, it is the bounden duty of this Court to order cancellation of the anticipatory bail granted to the 3rd respondent vide order dtd. 10/11/2021 in B.A. No.7368/2021. The learned counsel for the petitioner also placed reliance on the judgement of this Court in Sreeja Mannangath v. State of Kerala; 2022 (7) KHC 109.

(3.) Sri. S. Rajeev, the learned counsel appearing for the 3rd respondent would submit that the allegation in Crime No.357/2024 of Elathoor Police Station is that a forged document was produced by the 1st accused therein before the GST Department to obtain registration in favour of the 3rd accused. It is submitted that the allegation is that an affidavit notarized by the 3rd respondent (2nd accused in that case) was produced along with the application for registration. It is submitted that the affidavit which was notarized by the 3rd respondent was one given in connection with the affidavit to be submitted by a candidate contesting in the elections for the Legislative Assembly in 2021. It is submitted that the stamp paper for executing the affidavit in connection with the GST registration was purchased on 16/9/2023 while the affidavit notarized by the 3rd respondent was so notarized on 18/3/2021. It is submitted on coming to know of the forgery, the 3 rd respondent had himself filed complaints and the matter is under investigation. A reference is made in this regard to Annexures R3 (d), R3(e) and R3(f).