The High Court of Kerala allowed pre-arrest bail applications in three simultaneous cases. The court directed the petitioner to surrender to the investigating officer within two weeks, get interrogated, and submit to a bond of Rs. 50,000 with sureties.
One week to surrender, bail granted on Rs. 50,000 bond with two sureties of Rs. 50,000 each.
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 A.HARIPRASAD
FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937
Bail Appl..No. 2450 of 2015
CRIME NO. 360/2015 OF PATTAMBI POLICE STATION, PALAKKAD
PETITIONER(S)/2ND ACCUSED:
SAJITH, AGED 33 YEARS, S/O.NARAYANAN, AYYATHU VALAPPIL HOUSE, CHAZHIYATTIRI POST, PATTAMBI, PALAKKAD DISTRICT,
PIN -679 535.
BY ADV. SRI.K.A.MANZOOR ALI
RESPONDENT(S)/COMPLAINANTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE,
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-09-2015, ALONG WITH BA. 2451/2015, BA. 2452/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A.HARIPRASAD, J.
B.A Nos.2450, 2451 & 2452 of 2015
Dated this the 11th day of September, 2015.
C O M M O N O R D E R
Applications for pre-arrest bail under Section 438 Cr.P.C.
Petitioner is same in all the three cases.
359 of 2015 of Pattambi Police Station registered for offences punishable under Sections 406, 408, 409, 416, 417, 419 and 420 r/w Section 34 I.P.C.
learned Public Prosecutor.
resigned from the post and duly it was informed to the Registrar
of Companies. It is the allegation that one of the Directors, who
is spiteful towards the petitioner, obtained Power of Attorney
from various subscribers and now he is prosecuting all these
B.A Nos.2450, 2451 & 2452 of 2015 2
false cases against the petitioners. Considering the nature of allegations and hearing the counsel on both sides, following
directions are made :
If any of the above conditions is violated by the petitioner,
the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/-
A.HARIPRASAD, JUDGE. //True copy//
P.A to Judge
amk
3 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 Cr.P.C. in cases involving sections 406, 408, 409, 416, 417, 419, 420 IPC.
Whether the conditions proposed by the prosecution for release on bail are acceptable.
Whether the petitioner must surrender for interrogation to obtain bail in pending false cases.
2 provisions across 2 enactments
SAJITH
STATE OF KERALA
SUB INSPECTOR OF POLICE
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
