Allowed

V.P.Sebastian v. State of Kerala

Kerala HC2 Nov 2015Bail Appl./6019/2015

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an application for anticipatory bail raised by the accused in a cheating case involving unfair loading of bitumen. The court granted conditional bail requiring surrender within two weeks for interrogation, bond execution, and strict non-interference with witnesses.

What did the court decide?

Bail granted subject to surrender within two weeks, execution of a bond for Rs. 50,000 with two sureties, and cooperation in investigation without tampering with evidence.

V.P.Sebastian Vs State of Kerala — Cheating and Forgery | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.HARIPRASAD

¶4

MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937

¶5

Bail Appl..No. 6019 of 2015

¶6

CRIME NO. 582/2014 OF ATHIRAPPILLY POLICE STATION , THRISSUR DISTRICT

¶7

PETITIONER(S)/ACCUSED :

¶8

V.P.SEBASTIAN, AGED 63 YEARS, VADAKKUMCHERIL HOUSE, KUNNAPPILLY P.O., ADICHILY, THRISSUR DISTRICT.

¶9

BY ADVS.SRI.M.SASINDRAN

¶10

SRI.A.ARUNKUMAR

¶11

RESPONDENT(S)/COMPLAINANT & STATE :

¶12

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

¶13

2. THE STATION HOUSE OFFICER, (CRIME NO. 582/2014 OF ATHIRAPPILLY POLICE STATION), THRISSUR DISTRICT-680 001.

¶14

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Msd.

¶17

A. HARIPRASAD, J.

¶18

Bail Appl. No.6019 of 2015

¶19

Dated this the 2^nd day of November 2015

¶20

O R D E R

¶21

Bail application filed under Sec.438 Cr.P.C.

¶22

Petitioner is the accused in Crime No.582 of

¶23

2014 of Athirappilly Police station registered for the offences punishable under Secs.420 and 418 of the Indian Penal Code. Prosecution case in short is that, the accused undertook as a contractor to black top certain Panchayath roads and on 08.03.2014, he unloaded certain barrels of bitumen at a place different from the assigned place and thereby caused loss to the Government by cheating.

¶24

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

¶25

Learned Public Prosecutor opposed the bail application.

¶26

Learned counsel for the petitioner submitted that it was unloaded at a different place due to a communication gap and he has not committed any

¶27

Bail Appl. No.6019 of 2015 2

¶28

offence as alleged.

¶29

Considering the materials produced for perusal

¶30

and after hearing the counsel on both sides, following directions are issued.

¶31

The petitioner shall surrender before

¶32

the investigating officer within a period of two weeks and submit himself for interrogation.

¶33

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.

¶34

The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

¶35

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

¶36

The petitioner shall co-operate with investigation of the case.

¶37

Bail Appl. No.6019 of 2015 3

¶38

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

¶39

Sd/- A. HARIPRASAD JUDGE

¶40

/ True Copy /

¶41

NS/02/11/2015

¶42

P.A. To Judge

V.P.Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

V.P.Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shine K.P Vs State of Kerala

Bichu @ Babu Vs Deputy Police Superintendent

Uvaise Vs State of Kerala

Thomas Dominic Vs State of Kerala

Jose K.A Vs State of Kerala

Shoja Priston Vs State of Kerala