Kerala Court Grants Bail To Shajan Skaria In Forgery Case, Criticises Police For Effecting Arrest Despite Surrender On High Court's Direction

Criticising such a move, Additional Sessions Judge (Vacation Court), Ernakulam, P.K. Mohandas observed,

"When accused persons appear before the investigating officer as per the direction of the Hon'ble High Court in an application for pre-arrest bail, he will be under the expectation that in the case of his arrest, he will be released on bail. He appears before the investigating officer in good faith that he has got protection of the Order of the Hon'ble High Court. Arresting a person while he is proceeding to the police station or on his surrender before the police on the basis of a Court order, in connection with another case, is nothing but making the Court procedures a mockery. It is really a clear abuse of the process of the law."

Skaria’s plea for anticipatory bail in the forgery case was pending when the arrest was made. Public Prosecutor argued that the petition has become infructous. However, Court said Skaria could be enlarged on bail. “...considering the way in which the accused has been taken into custody, I am of the view that the investigating officer has acted in haste. Only because the petitioner is arrested by the investigating officer, the petition does not become infructuous,” the Court observed.

It added that the present case did not involve a serious offence warranting urgent arrest and custodial interrogation of Skaria.

The allegation against Skaria is that he had forged a telephone bill and produced it as the original before the Registrar of Companies in order to obtain registration for his company. The case against him was registered on the basis of a complaint by one Radhakrishnan to the Chief Minister of Kerala. Skaria was thus alleged to have committed offences under Sections 420 ('Cheating and dishonestly inducing delivery of property'), 468 ('Forgery'), and 471 ('Using as genuine a forged document or electronic record') of the IPC. 

Earlier this month, the Kerala High Court had allowed Skaria's plea for anticipatory bail in a case for allegedly promoting enmity between different groups on grounds of religion. The relief was subject to Skaria appearing before the IO. He was arrested by the Thrikkakkara police yesterday morning, within half an hour of appearance before Nilambur SHO.

"On the basis of the submission of the Director General of Prosecution and the counsel for the petitioner, the Hon'ble Court directed the petitioner to appear before the investigating officer at 10:00AM today. If the report of the investigating officer is believed, he was taken into custody at 10:25 A.M. The report does not disclose the place from where the petitioner was taken into custody. The learned Public Prosecutor submitted that he was taken into custody when he arrived at Nilambur. If that be so, he is arrested by the investigating officer in this case without complying with the order of the Hon'ble High Court," the Court observed at the outset.

It said the bad intention of the investigating agency is clear from the fact that the disposal of this petition was delayed by the investigating officer seeking time.

On merits, Court observed that Skaria was not the Managing Director at the relevant time of the incident. It also noted that the Certificate of Incorporation, the Memorandum of Association, the Articles of Association, and even the alleged forged document had not been placed before the Court for perusal.