High Court granted pre-arrest bail to two accused in a cheating case involving property sale and undisclosed liabilities. Court held investigation was practically over and custodial interrogation unnecessary.
Petitioners released on bail ₹ 50,000 each with two sureties, conditioned to report weekly and remain within Perumbavoor limits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938
Bail Appl..No. 5332 of 2016 ()
CRIME NO.1248/2016 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT.
PETITIONER(S)/ACCUSED 1&2:
1. MURALI MENON, AGED 50 YEARS, S/O.PADMANABHA MENON,SREENIVAS, PANTHION APPARTMENT FLAT NO.4A, IDAPPILLY KARA, IDAPPILLY THEKKU VILLAGE, ERNAKULAM, KERALA.
2. SABU RAPHEL, AGED 46 YEARS, S/O.RAPHEL, THELAPPILLY HOUSE, NJARAKKAL KARA, NJARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM.
BY ADV. SRI.SANJAY THAMPI
RESPONDENT:
STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.REMA.R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P.UBAID, J. --------------------------------------B.A No.5332 of 2016
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Dated this the 28th day of July, 2016
O R D E R
The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.1248/2016 of the Perumbavoor Police Station, registered under Section 420 of the Indian Penal Code.
2
B.A No.5332 of 2016
B.A No.5332 of 2016 3
above circumstances. It will suffice that the petitioners are directed to report before the investigating officer periodically. However, some other conditions are also felt necessary for bail.
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 with two solvent sureties for 50,000/-₹ (Rupees fifty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of their arrest in connection with Crime No.1248/2016 of the Perumbavoor Police Station. Bail is granted on condition that
a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Thursdays for a period of two months.
b) The petitioners shall not leave the limits of Perumbavoor Police Station for a period of two months.
c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.
Sd/P.UBAID JUDGE
//True Copy//
ab
2 issues framed by the court
Whether pre-arrest bail should be granted given that the investigation is practically over and custodial interrogation is not necessary.
Whether the petitioners can be granted bail in a cheating case involving suppression of property liabilities.
2 provisions across 2 enactments
MURALI MENON
SABU RAPHEL
STATE OF KERALA
UBAID J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
