Allowed

Anil John Zacharias v. State of Kerala

Kerala HC10 Sept 2015Bail Appl./1782/2015

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner under Section 438 Cr.P.C. in a cheating case, directing him to appear for interrogation, execute a bond with sureties upon arrest, and refrain from intimidating witnesses or committing other offences.

What did the court decide?

The petitioner was granted anticipatory bail in respect of offences under Sections 406 and 420 IPC subject to conditions regarding interrogation, bond with sureties, and behavior.

Anil John Zacharias Vs State of Kerala — Cheating and Forgery | Kerala HC (2015)

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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 A.HARIPRASAD

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THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937

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Bail Appl..No. 1782 of 2015 ()

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------------------------------(CRIME NO.404/2015 OF TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM DISTRICT)

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PETITIONER/ACCUSED:

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ANIL JOHN ZACHARIAS, AGED 48 YEARS, S/O.LATE JOSE ANTONY, RESIDING AT: 31, NEPTUNE COUNTRY, CHILAVANNOOR, KADVANTHRA P.O., KOCHI.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT(S)/STATE:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031(CRIME NO. "NOT KNOWN" OF TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM DISTRICT).

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2. STATION HOUSE OFFICER,

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TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM DISTRICT - 682 013.(CRIME NO. "NOT KNOWN" OF TOWN SOUTH POLICE STATION, ERNAKULAM DISTRICT).

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3. ASST. COMMISSIONER OF POLICE, THRIKKAKARA, ERNAKULAM DISTRICT - 682 015.

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*ADDL.R4 IMPLEADED

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*ADDL.R4: SMT. V.A.RAJAMMA, AGED 62 YEARS, W/O.BABU, VISWALAL HOUSE, PARAPPILLY ROAD, THIRUVANKULAM.P.O., THIRUVANKULAM VILLAGE, ERNAKULAM-682 305.

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*ADDL.R4 IS IMPLEADED AS PER ORDER DATED 10/9/2015 IN CRL.M.A.NO.8659/2015

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R1 TO R3 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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A. HARIPRASAD, J.

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Bail Appl. No.1782 of 2015

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Dated this the 10^th day of September 2015

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O R D E R

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Petition filed under Sec.438 Cr.P.C.

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Petitioner is the accused in Crime No.404 of

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2015 of Town South Police station, Ernakulam registered for the offences punishable under Secs.406 and 420 of the Indian Penal Code.

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Heard both sides.

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Learned counsel for the petitioner submitted

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that when he moved for an anticipatory bail before the Sessions Court, Ernakulam, the learned Public Prosecutor submitted that there was no crime registered and so the application was closed. Thereafter, the case was registered against the petitioner.

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It appears that there is a dispute regarding allotment of a flat between the defacto complainant and accused. It is also submitted by the learned counsel for the petitioner that civil litigations are pending between the parties.

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Considering the nature of allegations in this

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Bail Appl. No.1782 of 2015 2

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case, following directions are issued.

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The petitioner shall appear before the investigating officer within a period of two weeks and submit himself for interrogation.

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In the event of arrest, the petitioner shall be released on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

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He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

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He shall not involve in any other offence

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during the period of bail.

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In case of violation of any of the above

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conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

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Sd/-

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A. HARIPRASAD JUDGE

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Anil John Zacharias v. State of Kerala

Case brief

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Anil John Zacharias v. State of Kerala

Case brief

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