Allowed

P.K.Divakaran v. the State of Kerala

Kerala HC3 Aug 2009Bail Appl./3084/2009

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two petitioners accused under Section 409 IPC for a stock variation offence. The court imposed conditions regarding interference with witnesses and further offenses.

What did the court decide?

Anticipatory bail granted subject to execution of bond of Rs. 25,000 each with two sureties of the same amount, adhering to conditions including appearance for interrogation and non-interference with

P.K.Divakaran Vs the State of Kerala — Corruption | Kerala HC (2009)

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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 K.T.SANKARAN

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MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931

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Bail Appl..No. 3084 of 2009

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CRIME NO.223 OF 2009 OF PEERUMED POLICE STATION, IDUKKI

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PETITIONER:

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P.K.DIVAKARAN, JUNIOR MANAGER (MARKETING), KERALA STATE CIVIL SUPPLIES CORPORATION, TALUK DEPOT, PEERUMED, IDUKKI.

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BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH

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RESPONDENT:

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THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR SRI.M.S.BREEZ

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2009, ALONG WITH BA NO. 3009 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NOS.3084 & 3009 OF 2009

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Dated this the 3^rd August, 2009

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O R D E R

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The petitioner in B.A.No.3084 of 2009 is the first accused and the petitioner in B.A.No.3009 of 2009 is the second accused in Crime No.223 of 2009 of Peerumed Police Station. The petitioners have filed these applications under Section 438 of the Code of Criminal Procedure.

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The offence alleged against the petitioners is under Section 409 read with Section 34 of the Indian Penal Code.

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The crime was registered on the basis of a petition submitted by the Assistant Manager of the Kerala State Civil Supplies Corporation, Kanjirappally, in which it is stated that there was a stock variation in respect of goods worth Rs.2,28,104.21. In the communication sent by the Stock Variation Officer to the Regional Manager of the Civil Supplies Corporation, it is mentioned that all the entries in the computer stock are not genuine and, as things are so complex, a complete verification of the records is necessary. Learned counsel for the petitioners submitted that the petitioners are innocent and that a mere variation in the stock will not be a ground to hold that the petitioners are guilty of the offence alleged.

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B.A. NOS.3084 AND 3009 OF 2009

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:: 2 ::

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Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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a) The petitioners shall appear before the investigating officer for interrogation as and when required;

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b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence;

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c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail;

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d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated above.

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(K.T.SANKARAN) Judge

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ahz/

P.K.Divakaran v. the State of Kerala

Case brief

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P.K.Divakaran v. the State of Kerala

Case brief

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