Allowed

Edward v. State of Kerala

Kerala HC19 Oct 2009Bail Appl./5558/2009

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam granted anticipatory bail to the petitioner, who is the fifth accused in a case involving cheating, forgery, and passport-related offences. The court imposed strict conditions regarding regular reporting, cooperation with investigation, and non-interference with witnesses, dismissing the objection that the petitioner would not be arrested.

What did the court decide?

Anticipatory bail granted subject to conditions: reporting to investigating officer on alternate Mondays, appearing for interrogation when required, not influencing witnesses, and not committing any o

Edward Vs State of Kerala — Cheating and Forgery | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 5558 of 2009() ----------------------------CRIME NO.414/2009 OF KOLLAM WEST POLICE STATION

¶2

PETITIONER/5TH ACCUSED -----------------------------------------EDWARD AGED 46 YEARS, S/O. GAYOS, PERAVILAKOM HOUSE, MARUTHOOR, VATTAPPARA P.O., THIRUVANANTHAPURAM DISTRICT.

¶3

BY ADV. SRI.C.RAJENDRAN

¶4

RESPONDENT(S): COMPLAINANT -------------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶5

PUBLIC PROSECUTOR SRI.M.S.BREEZ

¶6

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶7

K.T.SANKARAN, J.

¶8

B.A.No.5558 of 2009

¶9

Dated this the 19^th day of October, 2009

¶10

ORDER

¶11

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.414 of 2009 of Kollam West Police Station.

¶12

The offences alleged against the petitioner are under Sections 420, 468, 471 and 472 of the Indian Penal Code and Section 12(1)(b) of the Indian Passport Act.

¶13

When the Bail Application came up for hearing on 5.10.2009, the following order was passed:

¶14

“After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 12^th and 13^th October, 2009.

Post on 19.10.2009.

BA No.5558/2009

It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.414 of 2009 Kollam West Police Station.”

¶19

The learned counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner has complied with the direction.

¶20

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 petitioner.

¶21

There will be a direction that in the event of the arrest of

¶22

the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

¶23

a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders;

¶24

b) The petitioner shall appear before the investigating officer for interrogation as and when required;

¶25

c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

¶26

BA No.5558/2009

¶27

¶28

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

¶29

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

¶30

The Bail Application is allowed to the extent indicated

above.

K.T.SANKARAN,

JUDGE

csl

Edward v. State of Kerala

Case brief

What is this about?

What did the court decide?

Edward v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prasad & Another Vs State of Kerala

S.Krishna Kumar Vs State of Kerala

Benny Augustine & Another Vs State of Kerala

Sabu Vs State of Kerala

Leela.M. Vs State of Kerala,Rep.by S.I.of Police

Ratheesh Vs State of Kerala