Allowed

Subair @ Subair Sabhahi and Another v. State of Kerala and Another

Kerala HC2 Aug 2011Bail Appl./5586/2011

Case brief

AI extract

What is this about?

This judgment allows an application for anticipatory bail under Section 438 CrPC. The High Court granted bail to two accused charged with cheating and forgery, subject to complying with conditions of appearance and conduct.

What did the court decide?

Application was allowed; anticipatory bail granted with bond of Rs. 10,000/- and two sureties, subject to conditions.

Subair @ Subair Sabhahi and Another Vs State of Kerala… — Cheating and Forgery | Kerala HC (2011)

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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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TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933

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Bail Appl..No. 5586 of 2011() ----------------------------CRIME NO.663/2011 OF CHAVARA POLICE STATION KOLLAM

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PETITIONERS :ACCUSED

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SUBAIR @ SUBAIR SABHAHI, KANNAMTHURHTIL, KARIPADAM P.O., THALAYOLAPARAMBA, KOTTAYAM DISTRICT, PIN-686605.

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AYSHA SUBHAIR, W/O.SUBHAIR, KANNAMTHURUTHIL, KARIPADAM P.O., THALAYOLAPARAMBA, KOTTAYAM DISTRICT, PIN-686605.

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BY ADV. SRI.A.B.JALEEL

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RESPONDENTS:

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STATE OF KERALA, SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM-691001, REP. BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM.

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ABDUL SATHAR, MADATHIL HOUSE, CHOORANAD, ALLEPPEY-688534.

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PUBLIC PROSECUTOR SRI.V.MANU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appln.No.5586 of 2011

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Dated this the 02^nd day of August, 2011

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ORDER

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.663 of 2011 of Chavara

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Police Station, Kollam.

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The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code.

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When the Bail Application came up for admission on 21/07/2011, the following order was passed:

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“3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 26^th July, 2011.

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Post on 29^th July, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.663 of 2011 of Chavara Police Station, till 1.8.2011”.

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Bail Appln.No.5586/2011

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: 2 :

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It is submitted by the learned counsel for the

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petitioners that the direction in the order dated 21/07/2011 has been complied with by the petitioners.

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Taking into account the facts and circumstances of

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the case, the nature of the offence and also taking note of the fact that the direction in the order dated 21/07/2011 has been complied with by the petitioners, 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 `10,000/- (Rupees Ten thousand only) 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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Bail Appln.No.5586/2011

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: 3 :

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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

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above.

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Sd/- K.T.SANKARAN, JUDGE

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skj

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True copy

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P.A. to Judge

Subair @ Subair Sabhahi and Another v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

Subair @ Subair Sabhahi and Another v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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