Allowed

Thomas Joseph v. State of Kerala

Kerala HC12 Aug 2016Bail Appl./4570/2016

Case brief

AI extract

What is this about?

The Kerala High Court allowed a pre-arrest bail application for accused persons Nos. 3 and 4 facing a cheating charge in Karnataka, granting protection from arrest within Kerala subject to conditions including appearing in Karnataka.

What did the court decide?

Petition for pre-arrest bail under Section 438 CrPC allowed; petitioners released on bond with conditions to appear in Karnataka.

Thomas Joseph Vs State of Kerala — Anticipatory Bail | 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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FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938

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Bail Appl..No. 4570 of 2016 ()

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CRIME NO.208/2016 OF WHITEFIELD POLICE STATION, BANGALORE DISTRICT, KARNATAKA

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PETITIONER(S)/ACCUSED NO.3 & 4:

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1. THOMAS JOSEPH, AGED 60 YEARS, S/O JOSEPH, VATTINCHAYIL, MARINGATTUPALLI, KOTTAYAM DISTRICT.

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2. SHOBHANA THOMAS,

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AGED 57 YEARS, W/O THOMAS JOSEPH, VATTINCHAYIL, MARINGATTUPALLI, KOTTAYAM DISTRICT.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENT(S)/STATE/COMPLAINANT:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (MARAIGATTUPALLY POLICE STATION, KOTTAYAM DISTRICT)

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2. STATION HOUSE OFFICER, WHITEFIELD POLICE STATION, BANGALORE DISTRICT(CRIME NO.208/2016 OF WHITEFIELD POLICE STATION, BANGALORE DISTRICT, KARNATAKA STATE).

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BY PUBLIC PROSECUTOR SMT. R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.UBAID, J.

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============================

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B.A.No.4570 of 2016

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============================ Dated this the 12^th day of August, 2016

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ORDER

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The petitioners herein seek 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.208 of 2016 of the Whitefield Police Station, Bangalore, registered under Section 420 of the Indian Penal Code. They are the accused Nos.3 and 4 in the crime. The petitioners have produced a copy of the complaint in the crime. On a perusal of the complaint, I find that the main allegations are against the accused Nos.1 and 2. It is submitted that the accused Nos.1 and 2 have already been granted bail by the Honourable High Court of Karnataka. There is reason to believe that if at all these petitioners had any involvement in the alleged transaction, the rights and liabilities of the parties are governed by the lease contract. Anyway, I feel it appropriate to give protection to the petitioners from arrest within the State of Kerala. Orders passed by this Court cannot go beyond the territorial limits of this Court. I find that the petitioners have a

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B.A.No.4570 of 2016 2

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case to be argued as regards their liability, when the main allegations seen from the complaint are against the accused Nos.1 and 2.

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In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond for appearance before the appropriate Court in Karnataka, with two solvent sureties for 40,000/-₹ (Rupees Forty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of their arrest within the limits of this Court in Crime No.208 of 2016 of the Whitefield Police Station, Karnataka State. Bail is granted on condition that;

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a) The petitioners shall report before any Court or authority as ordered by the Karnataka High Court, or any other Court Subordinate of the High Court.

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b) The petitioners shall not leave India without the previous permission of this Court.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Thomas Joseph v. State of Kerala

Case brief

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Thomas Joseph v. State of Kerala

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