Dismissed

Asfana T.A. v. Sub Inspector of Police

Kerala HC3 Aug 2016Bail Appl./5141/2016

Case brief

AI extract

What is this about?

High Court disposed of an anticipatory bail application against the second accused in a cheating case, directing surrender for necessary interrogation by investigating officer before seeking regular bail from the Magistrate.

What did the court decide?

Petitioner directed to surrender for interrogation; matters remanded to Magistrate for regular bail consideration after interrogation.

Asfana T.A. Vs Sub Inspector of Police — Bail and Remand | 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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WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938

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Bail Appl..No. 5141 of 2016 ()

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------------------------------CRIME NO. 268/2016 OF VIDYA NAGAR POLICE STATION,KASARGOD DISTRICT

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PETITIONER/2ND ACCUSED:

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ASFANA T.A., AGED 22 YEARS, W/O. SHIHAB K.M., SHIHAS MANZIL, KADAPPALLAM, VALAPPIL QUARTERS, KOLIYADUKKAM, KASARAGOD.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENT(S)/RESPONDENTS:

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1. THE SUB INSPECTOR OF POLICE, VIDYA NAGAR POLICE STATION, KASARAGOD - 673 125.

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

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BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

P.UBAID, J.

B.A.No.5141 of 2016

Dated this the 3^rd day of August, 2016

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ORDER

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The petitioner herein is the 2^nd accused in Crime No.268/2016 of the Vidya Nagar Police Station, Kasaragod, registered under Sections 406 and 420 IPC.

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The prosecution case is that the petitioner, with the 1^st accused, pledged some spurious gold in the Koliadukkam main branch of Perumbala Service Co-Operative Bank, and received huge amount of loan, in May, 2016. The petitioner herein availed a lone of Rs.3,70,000/-, and the 1^st accused, in the same transaction, availed a loan of Rs.64,000/-. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the investigating officer for necessary interrogation. Interrogation of the petitioner for the collection of the materials concerning her exact role, whether the gold ornaments were in fact spurious when pledged by the petitioner and the other accused, or whether somebody else substituted the ornaments as the petitioner would allege, etc, is felt necessary. Without such interrogation, investigation cannot be completed. After such interrogation, the request for bail can be

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B.A.No.5141 of 2016

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considered by the learned Magistrate having jurisdiction. It is submitted that the petitioner is at the advanced stage of pregnancy. That will definitely be considered by the learned Magistrate, when application for bail comes. If the petitioner's judicial custody is not necessary for investigation, the petitioner can be released on appropriate conditions 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 shall surrender before the investigating officer, between 9 am and 10 am on any day within seven days from this date for necessary interrogation.

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b) After interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction, before 4 pm on the same day.

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

Sd/-

P. UBAID, JUDGE

// True Copy //

P.A. to Judge

Asfana T.A. v. Sub Inspector of Police

Case brief

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Asfana T.A. v. Sub Inspector of Police

Case brief

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