In this bail application for misappropriation under Section 420 IPC, the High Court directed the sole accused to surrender for interrogation to collect materials regarding the source of funds and alleged forgery before reconsidering the bail request.
Petitioner directed to surrender for interrogation; bail to be considered by Magistrate thereafter.
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
FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938
Bail Appl..No. 6125 of 2016 ()
------------------------------CRIME NO. 602/2009 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE.
PETITIONER/ACCUSED:
P.K. NAZEEM, AGED 59, S/O. P.K. ALI, GLADE, 33/6060G, KUNNAMANGALAM, KOZHIKODE, PIN:673 017.
BY ADV. SRI.E.NARAYANAN.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KUNNAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.UBAID, J.
~~~~~~~~~~
B.A No.6125 of 2016
~~~~~~~~~~~
Dated this the 9th September, 2016
O R D E R
The petitioner herein seeks pre-arrest bail on the apprehension of arrest in connection with Crime No.602/2009 of the Kunnamangalam Police Station registered under Section 420 of the Indian Penal Code. He is the sole accused in the crime.
B.A No.6125 of 2016
2
used by him for misappropriating the money, the nature of the forgery alleged etc., is felt necessary. If the petitioner has any defence regarding the utilisation of the money for official purposes, he will have to furnish the required materials before the Investigating Officer during such interrogation. After necessary interrogation, the request for bail will be considered by the learned Magistrate having jurisdiction. .
In the result, this bail application is disposed of as follows:
a. The petitioner shall surrender before the Investigating officer between 9 a.m and 10 a.m on any day within two weeks days from this date for interrogation.
b. After such interrogation, the Investigating Officer will produce the petitioner before the learned Magistrate having jurisdiction on the same day before 4 p.m.
c. In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day.
ma
Sd/- P.UBAID JUDGE /True copy/ P.S to Judge
2 issues framed by the court
Whether to grant pre-arrest bail in a cheating and forgery case involving misappropriation of school funds.
Whether to direct the petitioner for immediate interrogation for collection of materials.
1 provisions across 1 enactments
P.K. NAZEEM
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
