Justice P. Bhavadasan allowed bail applications filed by nine accused persons in a case involving cheque bounce and money circulation offences, drawing analogy from a bail decision in a connected case.
Petition allowed; accused to surrender for interrogation and execute bond of Rs. 10,000 with sureties.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 17TH DAY OF JANUARY 2013/27TH POUSHA 1934
Bail Appl..No. 222 of 2013 ()
CRIME NO.CBCID-549/CR/KLM IN CRIME NO. 458/2011 OF HARIPPAD POLICE STATION, ALAPPUZHA.
PETITIONERS/ACCUSED NO.1 TO 9:
1. ABDUL ARSHAD, S/O.SAYEED MUHAMMED, AGED 36, KANJIRIKKAPALLIL HOUSE,
2. KUNHI MUHAMMED, S/O.KUNHALAN,
3. GEORGE ALEXANDER, S/O.E.M. ALEXANDER, AGED 56, IDUVAMPARA, MUNDANDA,
4. P. KRISHNA DAYAL, S/O.BALAKRISHNAN NAIR, AGED 42, CHANGARAMKANDATH HOUSE, ARIMPOOR P.O, THRISSUR.
5. NOUSHAD, S/O.SAYEED MUHAMMED, AGED 32, KANJIRIKKAPPALLIL HOUSE,
6. MAYA K.P., D/O.PARAMESWARAN, AGED 27, KONALIL HOUSE, T.V PURAM, VAIKOM, KOTTAYAM.
7. BEENA K.E., W/O.GOPINATHAN, AGED 36, KODUVARATHODI HOUSE, VILAVATTOM, THRISSUR.
8. NIJI K.MAJEED, D/O.MAJEED,
9. JISHA BAIJU, W/O.BAIJU, AGED 32, KOTTAYIL HOUSE, CHARAMANGALAM, MAYITHARA POST, CHERTHALA.
BY ADVS. SRI.SABU S.KALLARAMOOLA, SRI.S.NIDHEESH.
Bail Appl..No. 222 of 2013
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.SHEEBA M.T.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.BHAVADASAN, J
-----------------------------------------
B.A No.222 of 2013
Dated this the 17th day of January, 2013
O R D E R
The petitioners are accused Nos.1 to 9 in Crime No.458/2011 of Haripad Police Station, re-registered as Crime No.CBCID-549/CR/KLM, who are alleged to have committed offence punishable under Section 420 of IPC and Section 3 & 4 of the Prize Chits and Money Circulation (Banning) Act, 1978.
i) The petitioners shall surrender before the Investigating Officer on or before 28.1.2013, who after interrogation produce the petitioners before the JFCM concerned.
ii) If any applications for custodial interrogation is being filed, the JFCM Court concerned shall, after considering the same, release the petitioners on bail on each of them executing a bond for a sum of Rs.10,000/(Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court.
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iii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail.
iv) The petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders.
v) The petitioners shall surrender their passport before the JFCM concerned. If they are not having a passport, to file affidavits to that effect before the said court.
vi) The petitioners shall not leave the State of Kerala without prior permission of the JFCM Court concerned.
vii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.
viii) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.
Sd/-
P.BHAVADASAN Judge
//True Copy//
P. A to Judge
ab
1 issue framed by the court
Whether bail should be granted to accused Nos. 1 to 9 in view of a similar order passed in a connected case.
2 provisions across 2 enactments
Abdul Arshad (Accused 1)
Kunhi Muhammed (Accused 2)
George Alexander (Accused 3)
P. Krishna Dayal (Accused 4)
Noushad (Accused 5)
Maya K.P. (Accused 6)
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
