This is an order granting bail to the petitioner in a cheating case where the public prosecutor conceded the dispute was essentially civil. The court released the accused on bond with sureties and conditions.
Petitioner released on bail on executing a bond for Rs.25,000 with two solvent sureties for the like sum.
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. 1421 of 2015
CRIME NO. 1099/2013 OF MUNDAKAYAM POLICE STATION, KOTTAYAM DISTRICT.
PETITIONER/FIRST ACCUSED:
SABU RAJ, S/O.VIJAYA RAJAN, AGED 43 YEARS, SHALOM HOUSE, OFFICE WARD, KALLIYUR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, MUNDAKAYAM POLICE STATION, KOTTAYAM DISTRICT - 6.
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:
mbr/
K. ABRAHAM MATHEW, J.
B.A. No.1421 of 2015
Dated this the 12th day of May, 2015
O R D E R
The petitioner is the accused in Crime No.1099 of 2013 of Mundakkayam Police Station, registered for the offences under Sections 406 and 420 IPC.
B.A. No.1421 of 2015
2
i) The petitioner shall be released on bail after interrogation
on his executing a bond for Rs.25,000/- (Rupees Twenty five
thousand only) with two solvent sureties for the like sum if he is arrested by the Police in connection with this case.
ii) He shall appear before the Investigating Officer for
interrogation if he is so required by him in writing.
iii) He shall not destroy or tamper with evidence.
iv. 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
sp
//True Copy//
P.A. to Judge
2 issues framed by the court
Whether bail should be granted to the accused in a cheating matter where the dispute appears to be essentially civil?
Whether the Investigating Officer's notice under Section 41A Cr.P.C. warrants immediate bail based on civil dispute character?
Sabu Raj
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
