This order grants anticipatory bail under Section 438 Cr.P.C. to the petitioner, accused of cheating, for one month upon execution of a bond with sureties and subject to specific conditions.
Grant of anticipatory bail for one month subject to a bond of Rs. 10,000 with two sureties and conditions for reporting, interrogation, and non-interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930
Bail Appl..No. 260 of 2009() -------------------------------
CRIME NO. 361/2008 of KATTOOR POLICE STATION
PETITIONER/ RESPONDENT:-
LONAPPAN, S/O. VAREED, ANGMALY HOUSE, EDAKULAM DESOM, POOMANGALAM VILLAGE, THRISSUR DISTRICT.
BY ADV. MR. V.BINOY RAM
RESPONDENT:-
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
======================= Bail Application No. 260 of 2009
======================= Dated this the 18th day of March, 2009.
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No. 361 of 2008 of Kattoor Police Station for offences punishable under Sections 420 and 406 r/w Section 34 I.P.C., seeks anticipatory bail.
B. A.No.260/2009
-:2:-
If the petitioner commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
Dated this the 18th day of March, 2009.
V.RAMKUMAR, JUDGE.
rv
2 issues framed by the court
Whether anticipatory bail is maintainable in a case of cheating under Sections 420 and 406 IPC read with Section 34 CrPC?
Whether the balance of convenience favors granting anticipatory bail to the petitioner in the present facts?
2 provisions across 2 enactments
Lonappan
State of Kerala
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
