Allowed

P.S.Unnikrishnan v. State of Kerala

Kerala HC30 Aug 2016Bail Appl./5046/2016

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application seeking pre-arrest bail under Section 438 CrPC. The court granted bail on conditions, noting the petitioner was the second accused with unclear complicity while the primary accused was already on bail.

What did the court decide?

Petitioner ordered released on bail on execution of bond with two sureties for 30,000/- each subject to conditions of reporting and remaining within local limits.

P.S.Unnikrishnan 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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TUESDAY, THE 30TH DAY OF AUGUST 2016/8TH BHADRA, 1938

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Bail Appl..No. 5046 of 2016 ()

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CRIME NO.489/2009 OF MECICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONER:

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P.S.UNNIKRISHNAN, AGED 45 YEARS, S/O.SUBRAMANIAM, PADUTHALLA PARAMBIL, VIYOOR P.O, THRISSUR.

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BY ADVS.SRI.A.N.RAJAN BABU

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SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL

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RESPONDENT(S):

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

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2.SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, ULLOOR MEDICAL COLLEGE JUNCTION, TRIVANDRUM.

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BY PUBLIC PROSECUTOR SMT.REMA.R

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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============================ B.A.No.5046 of 2016

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============================ Dated this the 30^th day of August, 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.489 of 2009 of the Medical College Police Station, registered under Section 420 read with Section 34 of the Indian Penal Code. He is the second accused in the crime. Final report in this crime was filed long back by the police, and the case is now pending as C.C.No.1047 of 2012. Later, further investigation was ordered in the crime. Accordingly, it is now being conducted by the police. The first accused is already on bail. This petitioner was not arrested during investigation at the first stage, and even after starting further investigation, the police did not think of arresting the petitioner. However, on the apprehension of arrest he seeks pre-arrest bail.

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On a perusal of the materials including the

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B.A.No.5046 of 2016 2

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report submitted by the Investigating Officer, I find that the prominent allegations in the complaint are against the first accused. He is already on bail. The report also shows that the entire money was in fact received from the complainant by the first accused. The report does not in clear and definite terms, disclose what exactly was the complicity of this petitioner in the alleged transaction. In the above factual situation, I feel it appropriate to grant pre-arrest bail to the petitioner on conditions.

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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.489 of 2009 of the Medical College Police Station. Bail is granted on condition that;

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a) The petitioner shall report before the investigating officer between 10 a.m. and 11 a.m. on all Mondays for a period of two months.

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B.A.No.5046 of 2016 3

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b) The petitioner shall not leave the

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limits of the Medical College Police Station for a period

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of two months.

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c) The petitioner shall not in any manner

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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.S.Unnikrishnan v. State of Kerala

Case brief

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P.S.Unnikrishnan v. State of Kerala

Case brief

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