Dismissed

Shivakumar v. State of Kerala

Kerala HC7 Mar 2014Bail Appl./1588/2014

Case brief

AI extract

What is this about?

Single judge dismissed anticipatory bail application for first accused in Cheating and Criminal Breach of Trust case. Court held it was not a fit case to grant bail; directed disposal of subsequent regular bail application if surrender made by specified date.

What did the court decide?

Anticipatory bail dismissed; direction for same-day disposal of regular bail application upon surrender by 31.3.2014.

Shivakumar Vs State of Kerala — Cheating and Forgery | Kerala HC (2014)

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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 M.L.JOSEPH FRANCIS

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FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935

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Bail Appl..No. 1588 of 2014 ()

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CRIME NO. 2472/2013 OF OLLUR POLICE STATION , TRISSUR

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APPLICANT/1ST ACCUSED :

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SHIVAKUMAR, AGED 34 YEARS S/O. PUSHPAN, CHERATTIL HOUSE, CHIRAKKEKAD MANNUTHI, THRISSUR DISTRICT.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR, SHRI C. RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L. JOSEPH FRANCIS J.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No.1588 of 2014

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 7^th day of March 2014

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ORDER

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The petitioner is the first accused in Crime No.2472 of 2013 of Ollur Police Station, Thrissur District. The offences imputed against the petitioner along with the co-accused in the crime are under Sections 406 and 420 of the Indian Penal Code. The prosecution case is briefly as follows. The car belonging to the de facto complainant was taken on rent by the petitioner allegedly for a period of 15 days and the vehicle was not returned as agreed. It is further alleged that the vehicle was allegedly pledged to another person by the petitioner in connivance with accused Nos.2 and 3. It is therefore alleged

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Bail Application No.1588 of 2014

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:2:

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that the petitioner has committed the aforesaid offences.

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The learned Public Prosecutor opposes the anticipatory

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bail application on the ground that the petitioner is involved in several similar crimes and that granting of anticipatory bail will adversely affect the investigation. Considering the facts and circumstances of the case, I am of the view that this is not a fit case to grant anticipatory bail.

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Accordingly this bail application is dismissed. If the petitioner surrenders before the Magistrate having jurisdiction on or before 31.3.2014 and files a bail application, the learned Magistrate is directed to dispose of that bail application on the same day itself.

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Sd/-

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M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

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// TRUE COPY //

Shivakumar v. State of Kerala

Case brief

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Shivakumar v. State of Kerala

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