Partly allowed

K.S.Rajesh Kumar v. State of Kerala

Kerala HC23 Aug 2016Bail Appl./5375/2016

Case brief

AI extract

What is this about?

This judgment grants conditional pre-arrest bail. The court directs the petitioner to surrender for interrogation within seven days to ascertain if the case involves criminal or civil consequences before regular bail is considered by the Magistrate.

What did the court decide?

Petitioner directed to surrender for interrogation within seven days; bail reconsideration by Magistrate post-interrogation.

K.S.Rajesh Kumar Vs State of Kerala — Cheque Dishonour | 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 23RD DAY OF AUGUST 2016/1ST BHADRA, 1938

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Bail Appl..No. 5375 of 2016 ()

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------------------------------(CBCID CRIME NO.38/CR/OCW-1/TVM/16)

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PETITIONER :

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K.S.RAJESH KUMAR,

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S/O. SASHANKAMANIDHARAN, AGED 43 YEARS, RESIDING AT ULLAS NAGAR 34, KILIKOLLUR P.O., 2ND MILE STONE, KOLLAM DISTRICT.

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BY ADVS.SRI.ABRAHAM MATHEW (VETTOOR)

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SRI.ANIL ABEY JOSE SMT.RIA THOMAS SRI.SIJI ANTONY

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RESPONDENT(S):

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

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2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1.

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3. SUPERINTENDENT OF POLICE, CRIME BRANCH ORGANIZED CRIME WING(1), THIRUVANANTHAPURAM-1.

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4. CIRCLE INSPECTOR OF POLICE, CRIME BRANCH ORGANIZED CRIME WING(1), THIRUVANANTHAPURAM-1.

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5. STATION HOUSE OFFICER, IRAVIPURAM POLICE STATION, KOLLAM DISTRICT.

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BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-08-2016, 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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============================

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B.A.No.5375 of 2016

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============================ Dated this the 23^rd 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 in connection with Crime No.38/CR/OCW-1/TVM/2016 of the CBCID, registered under Sections 188, 379, 420, 427, 468, 471 and 506(ii) read with Section 34 of the Indian Penal Code. He is the second accused in this crime.

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The petitioner herein is the son of the first

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accused. In the nature of the allegations in the complaint, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. It is submitted that the first accused is already on bail in this crime, and both the accused are on bail in the other connected matter wherein also similar allegations are there. Interrogation for the collection of some materials concerning the exact nature of the

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B.A.No.5375 of 2016 2

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alleged transaction, whether it involves any criminal liability or criminal element, whether it will have only civil consequences etc; is felt necessary. After such interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction. The whole prosecution records will have to be examined by the learned Magistrate, to see whether the transaction alleged in this case will have criminal consequences, or whether it will have only civil consequences in view of the other pending disputes between the parties. On a consideration of all the relevant aspects, appropriate decision on request for bail can be taken. If detention of the petitioner in custody is not felt necessary, he can be released on appropriate conditions.

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In the result, this application for bail is disposed of

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as follows;

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a) The petitioner will surrender before the

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investigating officer between 9 a.m. and 10 a.m. on any

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day within seven days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the

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B.A.No.5375 of 2016 3

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investigating officer will produce the petitioner before the learned Magistrate having jurisdiction before 4 p.m.

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on the same day.

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c) In case application for regular bail is

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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

K.S.Rajesh Kumar v. State of Kerala

Case brief

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K.S.Rajesh Kumar v. State of Kerala

Case brief

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