Disposed

Sharafudheen v. State of Kerala

Kerala HC1 Sept 2016Bail Appl./4487/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a pre-arrest bail application. Instead of granting or rejecting bail immediately, the Court directed the petitioner to surrender for interrogation to determine if the alleged civil transaction involves criminal consequences before the Magistrate decides on regular bail.

What did the court decide?

Direction to petitioner to surrender for interrogation within ten days and produce statement to Magistrate for bail consideration.

Sharafudheen Vs State of Kerala — Cheating and Forgery | 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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THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 1938

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Bail Appl..No. 4487 of 2016 ()

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CRIME NO. 469/2016 OF SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT.

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PETITIONER:

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SHARAFUDHEEN, AGED 40 YEARS, S/O. KHADER, PADAPPACHALIL HOUSE, SULTHAN BATHERY POST AND TALUK,

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BY ADV. SMT.CELINE JOSEPH.

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RESPONDENT/COMPLAINANT:

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1. STATE OF KERALA, STATION HOUSE OFFICER, SULTHAN BATHERY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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ADDL. R2 IMPLEADED

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2. V.S. GANGADHARAN, AGE NOT KNOWN YEARS, S/O. LATE SANKARAN, VELUTHONDI VEEDU, NAYKATTY P.O., SULTHAN BATHERY TALUK, WAYANAD DISTRICT.

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ADDL. R2 IS IMPLEADED VIDE ORDER DATED 30/06/2016 IN CRL.MA. NO.6563/2016 IN BA. NO.4487/2016.

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R1 BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P. UBAID, J.

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B.A. No. 4487 of 2016

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Dated this the 01^st day of September, 2016

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ORDER

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The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No. 469/2016 of the Sulthan Bathery Police Station, registered under Section 420 IPC. He is the sole accused in the crime.

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In the nature of allegations, I feel it appropriate to direct the petitioner to surrender before the investigating officer for necessary interrogation. It will have to be examined by the Court below whether the transaction alleged in the case will have criminal consequences. Any way, interrogation of the petitioner for the collection of some materials concerning the exact nature of the transaction alleged, the promise, if any, made by the petitioner at the time when he received money, his actual intention when he received money, etc., is felt necessary. The Court below will have to examine the whole case records, and see whether the transaction in this case is only a civil transaction, or whether it will have any criminal consequence as alleged. On a consideration of all the relevant

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B.A. No. 4487 of 2016

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aspects, appropriate decision on the request for regular bail can be taken by the learned Magistrate.

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In the result, this petition is disposed of as follows:

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a) The petitioner will surrender before the

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investigating officer between 9 am and 10.00 am. on any day within ten days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the

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investigating officer will produce the petitioner before

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the learned Magistrate on the same day before 4.00 p.m.

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c) In case the application for regular bail is filed

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by the petitioner, the same shall be considered on the same day by the court below.

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P. UBAID, JUDGE

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DMR/-

Sharafudheen v. State of Kerala

Case brief

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Sharafudheen v. State of Kerala

Case brief

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