Allowed

P.K. Thomas v. Cbcid, Kozhikode

Kerala HC3 Sept 2015Bail Appl./5011/2015

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to Petitioner, an accused in cheating and criminal breach of trust offences committed during bank dealings, directing cooperation with investigation via interrogation and security bond. Conditions include not influencing witnesses.

What did the court decide?

Petitioner released on bail subject to appearing for interrogation within two weeks, executing a bond of Rs. 25,000 with two sureties, and not influencing witnesses. Bail cancelable by Magistrate on v

P.K. Thomas Vs Cbcid, Kozhikode — Corruption | 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 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937

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Bail Appl..No. 5011 of 2015

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CRIME NO.191/2011 OF KARIKKOTTAKKARI POLICE STATION, KANNUR DISTRICT

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PETITIONER(S)/ACCUSED :

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P.K.THOMAS, AGED 58 YEARS, S/O.KURIAN, POTTAMMAL HOUSE, KOOMANTHODE P.O., KARIKOTTAKKARI, KANNUR DISTRICT.

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BY ADV. SRI.CIBI THOMAS

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RESPONDENT(S)/COMPLAINANT/STATE :

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1. CBCID, KOZHIKODE - 673 001.

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2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SRI.C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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A.HARIPRASAD, J.

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-------------------------------------B.A. No.5011 of 2015

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-------------------------------------Dated this the 3^rd day of September, 2015

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ORDER

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Petition under Section 438 of the Code of Criminal Procedure.

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Petitioner is the accused in Crime No.191 of 2015 of Karikkottakkari Police Station involved in offences punishable under Sections 420, 468, 409 and 477A of the Indian Penal Code. The case has been handed over to the CBCID for investigation.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Prosecution case is that while the petitioner was working as branch manager of Anappanthi Service Co-operative Bank Ltd. Loans were sanctioned for a sum of 4,95,000/- to various persons with the connivance certain others. Later the transactions were transferred as agricultural loans. It is the submission of the learned Prosecutor that the bank suffered loss on account of the action of the petitioner.

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Considering the nature of allegations and after hearing the learned counsel, I am of the view that the petitioner can be directed to cooperate with the investigation with following directions:

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i. Petitioner shall appear before the investigating officer

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BA No.5011/2015

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within a period of two weeks and submit himself for interrogation. Thereafter he shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, he shall be released on bail in Crime No.191 of 2015 of Karikkottakkari Police Station.

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ii. Petitioner shall appear before the Investigating Officer as and when directed if any investigation is required in the matter.

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iii. He shall not influence or intimidate the witnesses.

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In case of violation of any of the above conditions, the learned

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Magistrate having jurisdiction is empowered to cancel the bail in accordance with law without referring the matter to this Court.

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A. HARIPRASAD, JUDGE.

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cks

P.K. Thomas v. Cbcid, Kozhikode

Case brief

What is this about?

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P.K. Thomas v. Cbcid, Kozhikode

Case brief

What is this about?

What did the court decide?

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