Allowed

T v. Sree Kumar v State of Kerala

Kerala HC12 Jun 2014Bail Appl./2594/2014

Case brief

AI extract

What is this about?

The court allowed a bail application filed by an accused in a cheque dishonour case. Noting that custodial interrogation was not required, the petitioner was required to surrender for interrogation within a specified timeframe and execute a bond with sureties.

What did the court decide?

Bail granted on executing bond for Rs.15,000 with two sureties; surrender for interrogation required.

T v Sree Kumar Vs State of Kerala — Cheque Dishonour | 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 THOMAS P.JOSEPH

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THURSDAY, THE 12TH DAY OF JUNE 2014/22ND JYAISHTA, 1936

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Bail Appl..No. 2594 of 2014 ()

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CRIME NO. 1949/2012 OF KOTTARAKKARA POLICE STATION , KOLLAM DISTRICT

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PETITIONER/ACCUSED:

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T.V SREEKUMAR, AGED 35 YEARS, S/O.VIJAYA SENAN, THEKKEKARA VEEDU, KANNAMKODE MURI,VETTIKAVALA, KOTTARAKKARA, KOLLAM.

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BY ADV. SRI.SYAM J SAM

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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.V.S.SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2014, 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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--------------------------------

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Bail Appl. No.2594 of 2014

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Dated this the 12^th day of June 2014

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O R D E R

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Petitioner is accused in Crime No.1949 of 2012 of

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the Kottarakkara Police station for the offence punishable under Sec.420 of the Indian Penal Code, apprehends arrest and has filed the application.

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Learned Public Prosecutor has opposed the application. It is submitted that as per the version of the defacto complainant, the petitioner has issued cheque on an account which was already closed.

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I have heard the learned counsel for the petitioner also.

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In the nature of allegations made, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions.

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Bail Appl. No.2594 of 2014 2

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The application is allowed as under.

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Petitioner shall surrender before the officer investigating Crime No.1949 of 2012 of the Kottarakkara Police station on 18.06.2014 at 10.00 am for interrogation.

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In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.

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In case the petitioner is arrested, he shall be released by the arresting officer on bail on his executing bond for Rs.15,000/(Rupees fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:

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a) Petitioner shall report to the investigating officer as and when required for

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Bail Appl. No.2594 of 2014 3

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interrogation.

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b) Petitioner shall not get involved in similar offence during the period of this bail.

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c) Petitioner shall not influence or

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intimidate the witnesses.

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d) In case any of the above conditions is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).

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Sd/-

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THOMAS P. JOSEPH JUDGE

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/ True Copy /

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P.A. To Judge

T v. Sree Kumar v State of Kerala

Case brief

What is this about?

What did the court decide?

T v. Sree Kumar v State of Kerala

Case brief

What is this about?

What did the court decide?

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