Disposed

Sivadasan v. State of Kerala

Kerala HC5 Sept 2016Bail Appl./5077/2016

Case brief

AI extract

What is this about?

This bail application sought pre-arrest bail under Section 438 CrPC in a cheating case. The Court denied the application, directing the petitioner to surrender for investigation and stating that the Judge of the First Class Magistrate would consider regular bail after interrogation.

What did the court decide?

Petitioner to surrender for interrogation as per framed conditions; regular bail reconsideration placed with the Magistrate.

Sivadasan 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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MONDAY, THE 5TH DAY OF SEPTEMBER 2016/14TH BHADRA, 1938

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Bail Appl..No. 5077 of 2016 ()

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------------------------------CRIME NO. 334/2016 OF MARADU POLICE STATION, ERNAKULAM DISTRICT

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PETITIONER/2ND ACCUSED:

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SIVADASAN, AGED 54 YEARS, S/O. KUMARAN, PATHISSERY HOUSE, PALLIPPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683 514.

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BY ADVS.SRI.SHAIJAN C.GEORGE SMT.S.REKHA KUMARI SRI.M.T.AJITH

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-09-2016, 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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- - - - B.A.No. 5077 of 2016

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- - - - Dated this the 05^th day of September, 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 in connection with Crime No. 334 of 2016 of the Maradu Police Station, registered under Sections 420, 406 and 120B read with Section 34 of the Indian Penal Code. He is the second accused in the above crime.

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Cheating in connection with a chitty business is the subject matter of this crime. The complaint filed by the complainant before the Judicial First Class Magistrate Court-VIII, Maradu, was forwarded to the Police for investigation under Section 156(3) of Cr.P.C. The Court of Session denied pre-arrest bail to the petitioner on the ground that the petitioner is involved in some other crimes of similar nature. There is Police report that the petitioner is involved in 11 other crimes. The learned counsel for the

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B.A.No. 5077 of 2016

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petitioner submits that the petitioner is already on bail in the other crimes.

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In the nature of the allegations, I feel it

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appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. After necessary interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction. If he is already on bail in the other crimes, and his detention in custody is felt not necessary, he can be released on conditions by the learned Magistrate. Let those aspects be examined by the learned Magistrate when request for bail comes.

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

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a) The petitioner will surrender before

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the investigating officer between 9.00 a.m. and 10.00 a.m. on any day within fifteen days from this date for the purpose of interrogation as part of investigation.

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B.A.No. 5077 of 2016

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b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.

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c) In case application for regular bail is filed by the petitioners, the same shall be judiciously considered and decided by the learned Magistrate on the same day on merits.

Sd/- P.UBAID

//True copy//

P.A. to Judge

Sivadasan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sivadasan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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