The Kerala High Court disposed of an anticipatory bail application by directing the petitioner to surrender or approach the appropriate court within one month, given the factional nature of the allegations.
Directions issued for surrender or moving for appropriate relief within one month; bail application disposed of.
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
THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937
Bail Appl.No. 5154 of 2015
PETITIONER(S)/ACCUSED:
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NANDAKUMARA PRABHU, AGED 62 YEARS, S/O.K.G.PADMANABHA PRABHU, KALAPPURAKOVILAKAM, KODUNGALLUR, THRISSUR DISTRICT.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
RESPONDENT(S)/STATE:
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.(KODUNGALLUR POLICE STATION, THRISSUR DISTRICT).
2. DY. SUPERINTENDENT OF POLICE (CID), RCIU, THIRUPPATHI, ANDHRA PRADESH - 621 103.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
A. HARIPRASAD, J.
Bail Appl. No.5154 of 2015
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Dated this the 10th day of September, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2014 of CID, Hyderabad District registered for the offences punishable under Secs.403, 406 and 420 read with Sec.34 of the Indian Penal Code. The allegation against the petitioner is that he received money while the junior pontiff was in administration of the affairs of a Mutt and expended money for litigation.
that the crime was registered on account of a factional feud in Gouda Saraswatha Brahmin Community. Learned counsel, relying on the decision reported in Madhusoodan v. Supdt. of Police [1992 (2) KLT 83] contended that the petitioner may be given reasonable time either to surrender before the investigating officer or to move for anticipatory bail in the appropriate Court.
Bail Appl. No.5154 of 2015 2
Considering the nature of allegations and the submissions at Bar, following directions are issued.
The petitioner shall, in a period of one month, either surrender before the investigating officer or approach the Court having jurisdiction in the area where the crime is registered and move for appropriate relief.
The bail application is disposed of with the above
observations.
Sd/-
A. HARIPRASAD, JUDGE
/ True Copy /
P.A. To Judge
NS
1 issue framed by the court
Whether to grant anticipatory bail or issue directions for surrender in an alleged cheating case involving a factional feud.
Colour shows how this judgement treated each authority
Madhusoodan v. Superintendent of PoliceReferred¶29
Madhusoodan v. Supdt. of Police [1992 (2) KLT 83]
1 provisions across 1 enactments
Nandakumara Prabhu
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
