IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 15^TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944 BAIL APPL. NO. 10481 OF 2022 CRIME NO.581/2022 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED:

VIJAYAKUMARI.P., AGED 59 YEARS W/O. LATE SOMARAJAN PILLAI, LAKSHMI VILASOM, ELAMULAKKAL VILLAGE, PUNALOOR TALUK, AYOOR P.O., KOLLAM, PIN - 691533 BY ADVS.

G.SUDHEER R.HARIKRISHNAN (H-308)

SMRITHI S.S.

RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 BY SR.PUBLIC PROSECUTOR SMT.T.V.NEEMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER th Dated this the 15 day of February, 2023.

This is an application for anticipatory bail, filed by the petitioner in Crime No.581/2022 of Cantonment Police Station, Thiruvananthapuram.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the relevant records, placed by the learned Public Prosecutor.

4. The prosecution allegation is that, the accused herein forged B.Com degree certificate on the premise that the same was issued from Kerala University with Registration No.42163 during the period 1981-1984 and produced the same before the Indian Oil Corporation, to start a gas agency, in the quota allotted to widows, having degree and used the same as genuine. The further allegation is that, accordingly, she obtained licence to run gas agency, during 2013 and the said business has been continuing. On a later enquiry, it was found that the certificate produced by the petitioner to start gas agency, is a forged one and the petitioner thereby, obtained licence to run the gas agency, as authorised by the Indian Oil Corporation. This is the base, on which, the prosecution alleges commission of offences punishable under Sections 465, 468 and 471 of the Indian Penal Code.

5. The learned counsel for the petitioner would submit that the petitioner is innocent and the forgery is not known to the petitioner. According to him, forgery, if any, is the overt act at the instance of one Abdulla and his nephew Nihas Hussain, since they are the men behind running of the gas agency. He also pointed out that the petitioner suffers from many diseases and therefore, the petitioner is ready to co-operate with the investigation and she may be released on pre-arrest bail.

6. The learned Public Prosecutor would submit that, a gas agency, under the auspicious of the Indian Oil Corporation, specifically meant for widows with graduation, was obtained by the petitioner, by forging and producing B.Com degree certificate, with a forged Registration No.42163 during the period 1981 - 1984 and thereby, obtained licence to run gas agency. Therefore, the prosecution allegations are very serious and in such a case, arrest, custodial interrogation as well as the manner of forgery, are to be ascertained and in such a case, grant of anticipatory bail, even considering the medical ailment, could not be justified.

7. In this case, the prosecution case as to production of forged B.Com degree certificate, alleged to be issued by the Kerala University with Registration No.42163 for the period 1981 – 1984, is well established. The report of the Investigating Officer would suggest that, the University officials informed that, no such certificate was issued from the University. Thus, forgery of B.Com degree certificate, use of the forged certificate as original, availing of licence to run gas agency on the said premise and running of gas agency, based on the forged certificate, are well established, prima facie. It is to be noted that, in fact, the gas agency is one provided to the benefit of widows, having degree, as a compassionate measure to save the widows, having graduation, as qualification. The petitioner, who obtained the licence, by producing a forged degree certificate, in fact, denied the op