Allowed

Prakash v. State of Kerala

Kerala HC18 Feb 2016Bail Appl./977/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the sole accused, Prakash, in Crime No.255/2016 involving offences under IPC Sections 420 and 34. The court reasoned that the dispute was civil in nature, similar to a previous case, and a writ petition was pending. Bail was granted on specific conditions.

What did the court decide?

Bail granted on conditions of appearance, cooperation with investigation, production of documents, and non-interference.

Prakash Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937

¶5

Bail Appl..No. 977 of 2016

¶6

CRIME NO. 255/2016 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT

¶7

PETITIONER(S)/1ST ACCUSED :

¶8

PRAKASH, AGED 42 YEARS,

¶9

S/O.GOPALAN, SREEMANDIRAM VEEDU, PUTHUMALA P.O., EZHAMKULAM MURI, EZHAMKULAM VILLAGE, ADOOR, PATHANAMTHITTA.

¶10

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

¶11

RESPONDENT(S)/COMPLAINANTS/STATE :

¶12

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

¶13

2. THE SUB INSPECTOR, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT-689 645.

¶14

BY SR.PUBLIC PROSECUTOR SRI.C.RASHEED

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Msd.

¶17

SUNIL THOMAS, J.

¶18

B. A. No. 977 of 2016

¶19

Dated this the 18^th day of February, 2016

¶20

O R D E R

¶21

The petitioner is the sole accused in Crime No.255/2016 of Thiruvalla Police Station for offences punishable under Section 420 read with 34 of IPC.

¶22

The petitioner society is an agent of the Life Insurance Corporation of India and had been issuing policies and collecting premium on the respective policies. Sub agents were appointed for the purpose of collecting, purported to be on the basis of a Micro Insurance Policy Scheme. It seems that, the dispute arose regarding the remittance of the amount at the instance of the members.

¶23

When an identical matter came up in B.A. No.8270/2015, bail was granted considering the nature of the dispute which raised up by the petitioner herein with the LIC.

¶24

Having regard to the similar nature of the dispute involved in this case and having regard to the fact that a writ petition touching upon the entire transactions is also pending, I am inclined to grant bail to the petitioner on the following conditions:

¶25

B. A. No. 977 of 2016

¶26

¶27

(i) The petitioner shall appear before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if he is proposed to be arrested, he shall be released on bail, on he executing a bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two sureties for the like sum each.

¶28

(ii) He shall co-operate with the investigation which includes production of the account books, ledgers and registers in relation to the society of which he is the custodian and which the Investigating Officer feels are required for proper investigation of the case.

¶29

(iii) He shall not threaten, coerce or intimidate the witnesses and shall not in any manner interfere with the investigation.

¶30

Sd/-

¶31

SUNIL THOMAS, JUDGE.

¶32

/true copy/

¶33

P. A. to Judge

¶34

Prakash v. State of Kerala

Case brief

What is this about?

What did the court decide?

Prakash v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shuhaib Vs the Circle Inspector of Excise

Ajaya Khosh Vs State of Kerala

Varkey Vs State of Kerala

Prabhukesh @ Kuttan Vs State of Kerala

Rajendran Vs State of Kerala

Rickson Vs State of Kerala