Allowed

K.v.Gopinathan v. State of Kerala

Kerala HC21 Dec 2016Bail Appl./8861/2016

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application filed by the 11th accused in a corruption case involving fabrication of fake sale deeds. The court directed the issuance of bail on a financial bond and imposed specific reporting and behavioral conditions.

What did the court decide?

Petitioner enlarged on bail on executing a bond for ₹1,00,000 with two solvent sureties for like amounts, subject to reporting and behavioral conditions.

K.v.Gopinathan Vs State of Kerala — Corruption | 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 B.KEMAL PASHA

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WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938

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Bail Appl..No. 8861 of 2016 ()

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V.C.NO. 30/2016 OF VIGILANCE AND ANTI-CORRUPTION BUREAU, PALAKKAD

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PETITIONER/11TH ACCUSED:

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K.V.GOPINATHAN,

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S/O.GANGADHARAN NAIR, AGED 55 YEARS, KAVALENGIL HOUSE, SRK NAGAR, PALAPPURAM, OTTAPALAM.

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BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH

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RESPONDENTS/COMPLAINANT & STATE:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 018.

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2. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, PALAKKAD DISTRICT - 678 001.

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R1 BY SR. PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DSV/21/12/16

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B. KEMAL PASHA, J.

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................................................................ B.A. No. 8861 of 2016

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............................................................... Dated this the 21^st day of December, 2016

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioner is 11^th accused in V.C.No.30/2016 of the Vigilance and Anti-Corruption Bureau, Palakkad, registered for the offences punishable under Sections 471, 420 and 120B read with Section 34 of the Indian Penal Code and

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Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988.

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The petitioner is a document writer. The allegation is that A1 and A2 hatched a criminal conspiracy with A3 to A11 and fabricated false documents by creating fake sale deeds in respect of the property which was already sold out earlier. The learned counsel for the petitioner has pointed

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B.A.No. 8861 of 2016

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-: 2 :-

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out that earlier the petitioner was arraigned as the 4^th accused in Crime No.1754/2015 of the Thrissur Police Station, which was registered for the very same crime. Subsequently, the matter was handed over to the VACB and they have re-registered the crime. It has also been pointed out that the petitioner was granted anticipatory bail vide Annexure A1 by this Court in Crime No.1754/2015.

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On hearing either side, this Court is of the view that when the petitioner is already enjoying anticipatory bail in the very same crime registered by the local police, anticipatory bail can be granted to the petitioner on conditions.

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In the result, this Bail Application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the

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B.A.No. 8861 of 2016

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-: 3 :-

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satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

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(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Wednesdays, commencing from 28.12.2016 for a period of three months or till the filing of the final report in this case, whichever is earlier.

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(ii) The petitioner shall not tamper with the evidence or influence witnesses.

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(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.

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(iv) The petitioner shall not involve in any offence while on bail.

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It is made clear that the violation of any of the

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conditions stipulated above will result in the cancellation of bail.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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// true copy //

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P.S. to Judge.

K.v.Gopinathan v. State of Kerala

Case brief

What is this about?

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K.v.Gopinathan v. State of Kerala

Case brief

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What did the court decide?

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