Allowed

Kollam Prasad v. State of Kerala

Kerala HC18 Mar 2008Bail Appl./1416/2008

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice R. Basant allowed Bail Application No. 1416 of 2008, granting anticipatory bail to the petitioner accused under Section 420 IPC for allegedly misusing the State Human Rights Commission's name. The court imposed specific surrender and interrogation conditions.

What did the court decide?

Anticipatory bail granted. Petitioner directed to surrender on 25/03/2008 and execute a bond of Rs. 25,000 with sureties for regular bail.

Kollam Prasad Vs State of Kerala — Cheating and Forgery | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT

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TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929

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Bail Appl..No. 1416 of 2008()

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: PETITIONER/ACCUSED:

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KOLLAM PRASAD, SECRETARY, STATE HUMAN RIGHTS PROTECTION COUNCIL OF KERALA, KARIKKOD, T.K.M.C. P.O.,KOLLAM.

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BY ADV. SRI.R.REJI SRI.B.BIPIN

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RESPONDENTS: COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM.

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BY PUBLIC PROSECUTOR SRI.S.U.NAZER

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.BASANT, J.

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B.A.No.1416 of 2008

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Dated this the 18^th day of March 2008

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O R D E R

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Application for anticipatory bail. The petitioner faces allegations in a crime registered under Section 420 I.P.C. The petitioner had allegedly used the name of a bogus organisation for deceiving authorities and the public. He had allegedly misutilised the name/emblem of the State Human Rights Commission. It is on the basis of the complaint of the State Human Rights Commission that the crime has been registered.

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The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail. In coming to this conclusion, I have anxiously considered all the relevant inputs. I am satisfied that appropriate conditions can be imposed and the petitioner can be granted anticipatory bail. As per the interim directions of this court issued on 7/3/2008, the petitioner had appeared before the investigating officer and the petitioner has been interrogated, submits the learned Public Prosecutor.

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In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner.

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B.A.No.1416/08

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i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 25/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.

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ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 26/03/2008 and 27/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so.

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(iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all.

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B.A.No.1416/08

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(iv) If he were arrested prior to 25/03/2008, he shall be released from custody on his executing a bond for Rs.25,000/(Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 25/03/2008.

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(R.BASANT, JUDGE)

jsr

B.A.No.1416/08 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007

Kollam Prasad v. State of Kerala

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Kollam Prasad v. State of Kerala

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