Dismissed

Thankappan Pillai v. State of Kerala

Kerala HC7 Sept 2016Bail Appl./5533/2016

Case brief

AI extract

What is this about?

Single day order disposing of a pre-arrest bail application under Section 438 CrPC. The court dismissed the bail plea, directing petitioners to surrender for interrogation regarding a cheating conspiracy case before the investigating officer.

What did the court decide?

Petitioners directed to surrender for interrogation; bail application disposed of without grant of bail at this stage.

Thankappan Pillai 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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WEDNESDAY, THE 7TH DAY OF SEPTEMBER 2016/16TH BHADRA, 1938

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Bail Appl..No. 5533 of 2016 ()

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CRIME NO. 1062/2016 OF POOYAPALLY POLICE STATION,

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KOLLAM DISTRICT

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PETITIONER(S)/ACCUSED A1 & 2:

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1. THANKAPPAN PILLAI,AGED 56 YEARS, S/O KUNJU PILLAI, SREE VILASOM, EDAVATTOM MURI, PAVITHRESWARAM VILLAGE,

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KOTTARAKKARA THALUK, KOLLAM DISTRICT.

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2. KISHORE,AGED 27 YEARS, S/O THANKAPPAN PILLAI, SREE VILASOM, EDAVATTOM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA THALUK, KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT(S)/COMPLAINANT:

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

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*ADDL. R2 IMPLEADED :

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2. DILEEP, AGED 51 YEARS, S/O.HARIHARAN, PANAYIL PUTHEN VEEDU, KARINGANNOOR P.O. VELINNALLOOR VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT -691516.

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*ADDL.R2 IS IMPLEADED AS PER ORDER DT 17/8/2016 IN CRL.MA. NO. 8476/2016 IN BA NO. 5533/2016.

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R1 BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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B.A No.5533 of 2016

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---------------------------------------

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Dated this the 7^th day of September, 2016

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O R D E R

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The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.1062/2016 of the Pooyappally Police Station, registered under Sections 420 and 120B of the Indian Penal Code.

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In the nature of the allegations I feel it

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appropriate to direct the petitioners to surrender before the investigating officer. Their interrogation for the collection of materials concerning, the actual nature of the alleged transaction, the involvement of the 3^rd accused in the alleged sale transaction, the extent to which each of the accused is financially benefited in the said transaction, the circumstances surrounding execution of the impugned sale deed etc; is felt necessary. After such interrogation, his request for bail can be considered by the learned Magistrate having jurisdiction. If judicial custody of the petitioners is felt not necessary for the purpose of investigation, after such interrogation, they can be

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B.A No.5533 of 2016

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released on bail, on appropriate conditions.

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

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follows:

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a) The petitioners will surrender before the

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investigating officer between 9 am and 10 am on any day within two weeks 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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investigating officer will produce the petitioners 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

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filed by the petitioners, the same shall be judiciously considered and decided by the learned Magistrate on the

same day.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Thankappan Pillai v. State of Kerala

Case brief

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Thankappan Pillai v. State of Kerala

Case brief

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