Allowed

Shoukkath v. State of Kerala

Kerala HC9 Dec 2013Bail Appl./8130/2013

Case brief

AI extract

What is this about?

This is a bail application under the Criminal Procedure Code. The petitioner, an accused charged with cheating under Sections 420 and 403 IPC, sought release pending investigation. The single Judge, noting that investigation was incomplete, allowed the application to take effect from a future date to avoid disrupting it.

What did the court decide?

Petitioner granted bail effective from 13-12-2013 subject to stringent conditions including bond, sureties, and reporting.

Shoukkath Vs State of Kerala — Cheating and Forgery | Kerala HC (2013)

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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 THOMAS P.JOSEPH

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MONDAY, THE 9TH DAY OF DECEMBER 2013/18TH AGRAHAYANA, 1935

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Bail Appl..No. 8130 of 2013 ()

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------------------------------CRIME NO. 1864/2013 OF SASTHAMCOTTA POLICE STATION , KOLLAM DISTRICT

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PETITIONER/ACCUSED:

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SHOUKKATH, S/O.IBRAHIMKUTTY, AGED 38 YEARS, KATTAYYATHU HOUSE, PALLISSERICKAL, SASTHAMCOTTA.

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BY ADV. SRI.S.M.ALTHAF

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI. C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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THOMAS P. JOSEPH, J

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B.A.No.8130 of 2013

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Dated this the 9^th day of December, 2013

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ORDER

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Petitioner is accused, in Crime No.1864 of 2013 of the Sasthamcotta Police Station for the offences punishable under Sections 420 and 403 of the Indian Penal Code, is in custody from 02-11-2013 and seeks bail.

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Learned Public Prosecutor, while opposing the application has submitted that in February 2013, the petitioner took tipper lorry bearing No.KL-61/ 7297 on rent from the defacto complainant and cheated him by selling that vehicle to are Basheer. Basheer could not so far be traced. Investigation is not completed.

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Learned counsel submits that allegations are not true and that since the petitioner is in custody from 02-11-2013, his further detention is not required.

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Having heard the learned counsel and the learned Public Prosecutor, having regard to the relevant circumstances, I am inclined to grant bail but subject to stringent conditions and from a future date since investigation of the case is not completed.

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B.A.No.8130 of 2013

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Resultantly, the application is allowed as under:

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a) Petitioner is granted bail in Crime No.1864 of 2013 of the Sasthamcotta Police Station and shall be released, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

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b) One of the sureties shall be a close relative of the

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petitioner.

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c) Petitioner shall report to the officer investigating the case on every Saturday between 10 a.m and 12 p.m until filing of the final report.

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d) Petitioner shall report to the officer investigating the case as and when required for interrogation.

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e) Petitioner shall not, during the period of this bail get involved in any offence.

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f) Petitioner shall not intimidate/influence the

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witnesses.

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g) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the

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B.A.No.8130 of 2013

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investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR

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2006 SC 100).

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h) Since investigating is not completed, this order granting bail will take effect only from 13-12-2013.

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Sd/-

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THOMAS P. JOSEPH, JUDGE.

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/True Copy/ P.A. to Judge

Shoukkath v. State of Kerala

Case brief

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Shoukkath v. State of Kerala

Case brief

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