Allowed

Koovapara George v. S.I. of Police

Kerala HC18 Mar 2010Bail Appl./587/2010

Case brief

AI extract

What is this about?

In this bail application under Section 438 CrPC, the High Court of Kerala granted anticipatory bail to the accused facing charges under Sections 420, 463, 464, and 465 IPC. The court noted compliance with a prior direction to appear before the investigating officer and granted bail subject to standard conditions.

What did the court decide?

Anticipatory bail granted on bond of Rs. 15,000 with two sureties, subject to reporting to the investigating officer and appearing for interrogation as required.

Koovapara George Vs S.I. of Police — Cheating and Forgery | Kerala HC (2010)

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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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THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931

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Bail Appl..No. 587 of 2010

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CRIME NO.155 OF 2009 OF THIRUVAMBADY POLICE STATION

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PETITIONER/ACCUSED

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KOOVAPARA GEORGE, S/O.CHACKO, AGED 57 YEARS, KOOVAPARA HOUSE, THIRUVAMBADY AMSOM DESOM, KOZHIKODE TALUK.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENTS: COMPLAINANT/STATE

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THE SUB INSPECTOR OF POLICE, THIRUVAMBADI POLICE STATION, KOZHIKODE.

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STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.V.TEKCHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NO. 587 OF 2010

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Dated this the 18^th day of March, 2010

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.155 of 2009 of Thiruvambady Police Station, Kozhikode District.

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The offences alleged against the petitioner are under Sections 420, 463, 464 and 465 of the Indian Penal Code.

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When the Bail Application came up for hearing on 5.3.2010, the following order was passed:

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“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 11.3.2010

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B.A. NO. 587 OF 2010

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:: 2 ::

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and 12.3.2010. The petitioner shall produce a copy of the order before the investigating officer.

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Post on 18.3.2010.

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It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.155 of 2009 of Thiruvambady Police Station.”

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It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 5.3.2010 has been complied with by the petitioner.

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Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 5.3.2010 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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B.A. NO. 587 OF 2010

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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;

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

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

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

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e) 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/

Koovapara George v. S.I. of Police

Case brief

What is this about?

What did the court decide?

Koovapara George v. S.I. of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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