Allowed

P.Rajeev v. State of Kerala

Kerala HC11 Jul 2016Bail Appl./2881/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioner in connection with a criminal case involving cheating and money-lending offences. The order noted the settlement of the dispute between parties as a factor in granting relief.

What did the court decide?

Petition for pre-arrest bail allowed. Petitioner released on bond with two sureties for Rs. 30,000 each, subject to conditions regarding reporting and not influencing witnesses.

P.Rajeev Vs State of Kerala — Money Laundering | Kerala HC (2016)

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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 P.UBAID

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MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938

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Bail Appl..No. 2881 of 2016 ()

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CRIME NO. 482/2016 OF GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT

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PETITIONER/ACCUSED :

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P. RAJEEV AGED 46 YEARS, S/O. PUSHPAGADHAN, BHAMASADHANAM, PERUMPAIKKADU VILLAGE, KOTTAYAM.

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BY ADV. SRI.RAJIT

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RESPONDENT :

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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*ADDL. R2 IMPLEADED

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*ADDL.R2. SOLOMON K.T., AGED 39 YEARS, S/O. THOMAS NO. 9/249, KATTUPARA HOUSE KARIPPOOTHATTU VILLOONNI, GANDHI NAGAR KOTTAYAM DISTRICT.

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*IS IMPLEADED AS ADDL. R2 AS PER ORDER IN IA NO. 6732/2015 DATED 11/7/2016.

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R1 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. R2 BY ADV. SRI.V.V.JOY

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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============================ B.A.No.2881 of 2016

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============================ Dated this the 11^th day of July, 2016

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ORDER

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The petitioner herein seeks pre arrest bail under

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Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.482 of 2016 of the Gadhinagar Police Station, registered under Sections 406 and 420 of the Indian Penal Code, and under Section 3 read with Section 17 of the Kerala Money Lenders Act, and under Sections 3 and 4 of the Kerala Prohibition of Charging Exorbitant Interest Act.

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The defacto complainant was later impleaded as the additional second respondent in the bail application. He has filed an affidavit to the effect that the whole dispute stands practically settled. Now it is for the police to proceed further in view of the settlement made between the parties. If the settlement is true and genuine, the police can take steps to refer the crime. Anyway, in the nature of the allegations, and also in view of the settlement made by the parties out of court, I feel it appropriate to grant pre-arrest bail to the petitioner.

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B.A.No.2881 of 2016 2

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In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 30,000/-₹ (Rupees Thirty Thousand only)each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No.482 of 2016 of the Gadhinagar Police Station. Bail is granted on condition that;

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a) The petitioner shall report before the

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investigating officer between 10 am. and 11 am on all Saturdays for a period of two months.

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b) The petitioner shall not leave the

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limits of the Gadhinagar Police Station for a period of two months.

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c) The petitioner shall not in any manner influence or intimidate the material witnesses, or he shall not have any contact with the material witnesses directly or over telephone or otherwise.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

P.Rajeev v. State of Kerala

Case brief

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P.Rajeev v. State of Kerala

Case brief

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