Petitioner is the first accused in Crime No.705 of 2014 of the Palakkad Town South Police Station for the offences punishable under Sections 406, 415, 417, 419, 420, 465, 468, 471, 120B r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the de facto complainant, (Raveendran), 5.13 acres belongs to him and forging his driving licence using his photograph, the said property was assigned in favour of the petitioner as per Annexure-I sale deed. It is submitted that the prior documents of the de facto complainant are the custody of the CBI in connection with another case. It is also pointed out that Annexure-I would show that it does not contain full address of the persons who claimed to have identified the seller or attested the sale deed.
3. Learned counsel submitted that the allegations are not true. It is submitted that property originally belonged to the son-in-law of the de facto complainant who is now in
B.A.No.4642 of 2014
2 undergoing imprisonment in Saudi Arabia. Son-in-law had executed some document in favour of the de facto complainant who in turn assigned the property to the petitioner as per Annexure-I. The witnesses are brought by the petitioner and the de facto complainant.
4. I have perused Annexure-I and find that full address of the witnesses are not given. The question whether the thump impression appearing in Annexure-I is that of the de facto complainant or not, is a matter to be verified. As of now, there are serious allegations against the petitioner. I am satisfied that his custodial interrogation is required and pre-arrest bail would affect the investigation. Hence request for pre-arrest bail cannot be allowed.
It is directed that in case the petitioner is arrested, after interrogation is over he shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of with the above direction.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge