The High Court of Kerala allowed the petitioner's application for pre-arrest bail under Section 438 CrPC, finding that custodial interrogation was not warranted and imposing specific conditions for interrogation and behaviour.
Bail granted subject to conditions of interrogation appearance, passport surrender, and other behavioural restrictions.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 5TH DAY OF JUNE 2017/15TH JYAISHTA, 1939
Bail Appl..No. 2658 of 2017 ()
------------------------------CRIME NO. 962/2017 OF ADOOR POLICE STATION , PATHANAMTHITTA DISTRICT
PETITIONER/ACCUSED NO.2:
SANTHOSH BABU, AGED 40 YEARS, S/O. BABUSENA PANICKER, RESIDING BABU VILASOM VEEDU, NEDUMONKAVU P.O, KODUMON GRAMA PANCHAYAT, ADOOR, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.MANU RAMACHANDRAN
RESPONDENT/COMPLAINANT/STATE:
THE STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT. MAYA.M.N
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V., J
B.A. No.2658 of 2017
Dated this the 5th day of June, 2017
ORDER
BA 2658/2017
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returned back to India. He thereafter went to Dubai in search of employment in the year 2017 . He was arrested at Abu Dhabi. On further enquiry it was revealed that certain loans were secured by the accused in his name and they had defaulted resulting in initiation of proceedings by the Bank.
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(i) The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum.
(ii)The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 10 AM , for 1
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month or till final report is filed, which ever is earlier.
(iii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
(iv) The petitioner shall not commit any similar offence while on bail.
(v) The petitioner shall surrender his passport before the jurisdictional Magistrate within 5 days of his release.
(vi) If he surrenders before the Magistrate, this order shall not be applicable and the learned Magistrate may pass appropriate orders.
(vii) In case of violation of any of the above conditions, the concerned court on being noticed of that fact will be empowered to cancel the bail.
Sd/RAJA VIJAYARAGHAVAN V., JUDGE
vps
/True Copy/
PS to Judge
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner in a case involving offences under sections 406, 417, and 420 of the IPC.
Whether custodial interrogation of the petitioner is warranted given the nature of alleged offences and his role.
1 provisions across 1 enactments
SANTHOSH BABU
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
