This High Court allowed a bail application under Section 438 Cr.P.C. for the petitioner, the second accused in a cheating case, finding custodial interrogation unnecessary for effective investigation.
Petitioner released on bail with two solvent sureties and a bond of Rs. 25,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937
Bail Appl..No. 1417 of 2015 ()
CRIME NO. 578/2014 OF SREEKANDAPURAM POLICE STATION,WAYANAD DISTRICT
PETITIONER/ACCUSED NO.2:
SAIDALAVI M.A., S/O.LATE AHAMMED, AGED 46 YEARS, MANGALATHODUKAYIL HOUSE, NADAVAYAL POST, KANIYAMBETTA PANCHAYATH, VYTHIRI TALUK,WAYANAD DISTRICT.
BY ADV. SRI.A.C.DEVY
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
B.A. No. 1417 of 2015
Dated this the 12th day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
578/2014 of Sreekandapuram Police Station registered for the offences under Sections 420 and 403 read with Section 34 of the Indian Penal Code. The allegation is that the first accused, who had already married produced some false certificates, so that he may marry again.
In the result, this application is allowed.
interrogation on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for
B.A. No. 1417 of 2015
2
the like sum if he is arrested by the Police in connection with
this case.
In case of violation of any of the above conditions,
the learned Magistrate is empowered to cancel the bail in accordance with the law.
K. ABRAHAM MATHEW JUDGE
DMR/-
1 issue framed by the court
Whether to grant anticipatory bail to the second accused.
1 provisions across 1 enactments
SAIDALAVI M.A.
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
