TP Shivadas FCS v. State of Kerala

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TP Shivadas FCS v. State of Kerala

TP Shivadas FCS v. State of Kerala
In the Kerala High Court
Bail Appl. No. 4889, 5035, 5859 of 2015
Before Justice A.Hari Prasad
Decided on November 12, 2015

Relevancy of the case: Whether bail can be granted when an accused forges digital signature?

Statutes & Provisions Involved
• The Information Technology Act, 2000 (Section 43, 66)
• The Code of Criminal Procedure, 1973 (Section 156(3), 438)
• The Indian Penal Code, 1860 (Section 34, 323, 392, 408, 420, 427, 452, 465, 467, 468, 506(ii))
• The Companies Act 2013 (Section 153)

Relevant Facts of the Case
• Kunnamkulam Police Station Crime No.1443 of 2015 is registered under the abovementioned Sections. On 27.07.2015, the first accused and other accused persons with an intention to cheat the defacto complainant, who is the Chairman of a company by name Aswini Hospital Ltd., and also other shareholders, forged the digital signature of the defacto complainant.
• The accused used the same to upload certain forms on the website of the Registrar of Companies.

Prominent Arguments by the Advocates
• Shri C. Unnikrishnan, learned counsel for the respondents opposed the bail applications by contending that the digital signature of the defacto complainant was falsely created and was used to upload incorrect information regarding the company on the website of Registrar of Companies. According to him, apart from other criminal activities, this also constitutes grave illegality.
• Shri S. Sreekumar, learned Senior Counsel for the petitioners contended that the management disputes in respect of incorporated companies have been taken to Company Law Board (CLB) and this Court in a proper way. They used the proxies for casting vote only on account of the permission granted by the independent Chairman. Since some of the accused had been elected as Directors of the company, they have every right to enter the hospital and discharge the functions in the matter of administration.

Opinion of the Bench
• The accused in Crime No. 1443 of 2015 of Kunnamkulam Police Station does not deserve invocation of the extraordinary jurisdiction, especially considering the gravity, nature and magnitude of the crime and the details to be unearthed in a thorough investigation for revealing the true nature of the crime.

Final Decision
• The bail applications relating to Crime No. 1443 of 2015 of Kunnamkulam Police Station are hereby dismissed.

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