Allowed

Jayakumar v. State of Kerala

Kerala HC29 Sept 2016Bail Appl./6782/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application under Section 438 Cr.P.C. in a cheating case. The court held that as the transaction had civil consequences and custody was not necessary for interrogation, bail was granted with conditions to report periodically and not contact witnesses.

What did the court decide?

Petition for pre-arrest bail allowed; petitioner to be released on bond with two solvent sureties for ₹40,000 each, conditional on reporting to I.O. and not influencing witnesses.

Jayakumar 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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THURSDAY, THE 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938

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Bail Appl..No. 6782 of 2016 () ------------------------------CRIME NO. 756/2015 OF KOIPURAM POLICE STATION, PATHANAMTITTA DISTRICT

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PETITIONER(S)/ACCUSED NO.1 : --------------------------

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JAYAKUMAR AGED 43 YEARS, S/O RAMAKRISHNAN, RESIDING AT JAYAVILASOM HOUSE, BHUDHANOOR PERINGAD, ENNAKKAD VILLAGE, CHENGANNOOR TALUK, ALAPPUZHA DIST.

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BY ADV. SRI.P.A.ABHILASH

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RESPONDENT(S): --------------

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STATE OF KERALA REP. BY STATION HOUSE OFFICER, KOIPURAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

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BY PUBLIC PROSECUTOR SRI.SAJJU S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

- - - - Dated this the 29^th day of September, 2016

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ORDER

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The petitioner herein seeks 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. 756 of 2015 of the Koipuram Police Station, registered under Sections 420 and 120(b) read with Section 34 of the Indian Penal Code. He is the sole accused in the above crime.

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Agreement for the sale of a vehicle is the subject matter of this crime. It appears that without even ascertaining whether the vehicle actually belongs to the petitioner, the complainant agreed to purchase it, and paid some amount also.

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No doubt, the transaction will have only civil consequences. It would be inappropriate to deny bail to the petitioner in such a circumstance. His interrogation in

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B.A.No. 6782 of 2016

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custody is felt not necessary at all. It will suffice that the petitioner is directed to report before the Investigating Officer for interrogation, if and when felt necessary.

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In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 40,000/-₹ (Rupees Forty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 756 of 2015 of the Koipuram Police Station. Bail is granted on condition that;

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a) The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Wednesdays for a period of six weeks.

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b) The petitioner shall not in any manner influence or intimidate the

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material witnesses, or he shall not have

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B.A.No. 6782 of 2016

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-3-

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any contact with the material witnesses directly or over telephone or otherwise.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Jayakumar v. State of Kerala

Case brief

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What did the court decide?

Jayakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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