Disposed

M.Muraleedharan v. Sub Inspector of Police

Kerala HC26 Aug 2016Bail Appl./4671/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a pre-arrest bail application by directing the petitioner to surrender for interrogation within ten days. The bail request was not granted; instead, the petitioner must appear before the Investigating Officer for inquiry, after which the Magistrate will decide on regular bail.

What did the court decide?

Petitioner directed to surrender for interrogation within ten days; regular bail to be considered by Magistrate after interrogation.

M.Muraleedharan Vs Sub Inspector of Police — Cheating and Forgery | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938

¶5

Bail Appl..No. 4671 of 2016

¶6

CRIME NO. 1633/2015 OF PARASSALA POLICE STATION, THIRUVANANDAPURAM

¶7

---------------

¶8

PETITIONER/5TH ACCUSED:

¶9

M.MURALEEDHARAN, AGED 63 YEARS, S/O. MADASAMY, KRISHNAPURI, NEDUVANVILA, PARASSALA, THIRUVANATHAPURAM DISTRICT.

¶10

BY ADV. SMT.M.R.JAYALATHA

¶11

RESPONDENTS/COMPLAINANT.STATE:

¶12

1. SUB INSPECTOR OF POLICE PARASSALA POLICE STATION, THIRUVANANTHAPURAM- DISTRICT-695 502

¶13

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031.

¶14

BY PUBLIC PROSECUTOR SRI ROY THOMAS

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

K.V.

¶17

P.UBAID, J.

¶18

============================ B.A.No.4671 of 2016

¶19

============================ Dated this the 26^th day of August, 2016

¶20

The petitioner herein seeks pre arrest bail under

¶21

Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.1633 of 2015 of the Parassala Police Station, registered under Sections 463, 464, 466, 468, 471, 420 and 120 read with Section 34 of the Indian Penal Code. He is the fifth accused in the crime.

¶22

There is report that the accused Nos.1 to 4 are already on regular bail. Forgery of a document alleged to have been executed by the petitioner herein is the subject matter of this crime. The petitioner is definite that it was executed by him as the owner of the land, and that there is no question of any forgery in the execution of such a document. It is not exactly known what is the forgery really

¶23

B.A.No.4671 of 2016 2

¶24

alleged by the prosecution as against this petitioner. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. After interrogation, appropriate decision on the request for bail shall be taken by the learned Magistrate on a consideration of all the aspects including the defence projected by the petitioner herein, and also the fact that the other accused against whom prominent allegations are made, are on regular bail. Interrogation of the petitioner for the collection of materials concerning the exact nature of the alleged forgery, whether the petitioner executed the document is his capacity as owner of the land, etc; is necessary.

¶25

In the result, this application for bail is disposed of as follows;

¶26

a) The petitioner will surrender before the investigating officer between 9 a.m. and 10 a.m. on any day within ten days from this date for the purpose of interrogation as part of investigation.

¶27

B.A.No.4671 of 2016 3

¶28

b) After necessary interrogation, the investigating officer will produce the petitioner

¶29

before the learned Magistrate having jurisdiction before 4 p.m. on the same day.

¶30

c) In case application for regular bail is

¶31

filed by the petitioner, the same shall be judiciously considered and decided on the same day by the learned Magistrate.

Sd/P.UBAID,JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

M.Muraleedharan v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Muraleedharan v. Sub Inspector of Police

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

Muhammed Sabith Vs State of Kerala

John George Vs the Station House Officer ,Halasuru Police Station

Abdul Najeeb Vs State of Kerala

Abineeth Vs the Sub Inspector of Police

Sujith Raj a. Vs State of Kerala

Sreekumar G. Vs State of Kerala