Allowed

Rafeek, v. State of Kerala

Kerala HC2 Nov 2017Bail Appl./6361/2017

Case brief

AI extract

What is this about?

The court allowed a bail application filed under Section 438 CrPC by a 2nd accused in a case involving cheque-related offences. It observed that breach of agreement is civil and should be scrutinized during trial, granting bail on strict conditions regarding sureties, reporting, and non-contact with witnesses.

What did the court decide?

Petitioner released on bail on execution of bond with two solvent sureties of Rs. 30,000 each.

Rafeek, Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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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 2ND DAY OF NOVEMBER 2017/11TH KARTHIKA, 1939

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Bail Appl..No. 6361 of 2017 ()

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------------------------------CRIME NO. 2111/2017 OF KILIKOLLOOR POLICE STATION , KOLLAM DISTRICT

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PETITIONER/2ND ACCUSED:

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RAFEEK, AGED 35 YEARS, (A2), S/O SIRAJUDHEEN, CHARUVILA VEEDU, ELAMPALLOOR CHERRY, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT.

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BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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B.A No.6361 of 2017

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~~~~~~~~~~~

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Dated this the 2^nd November, 2017

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O R D E R

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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.2111 of 2017 of the Kilikolloor Police Station registered under Sections 409, 418 and 420 read with 34 of the Indian Penal Code. He is the 2^nd accused in the crime.

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It appears that breach of an agreement in connection with a trade transaction between the complainant and the accused is the subject matter of the crime. Every such breach will not involve criminal elements. It will have to be examined during trial whether this transaction involves any criminal liability apart from the civil consequences of breach of agreement. I feel it appropriate to grant pre-arrest bail to the petitioner in the above circumstances.

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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

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B.A No.6361 of 2017

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his executing a bond with two solvent sureties for ₹ 30,000/- (Rupees Thirty thousand only) each to the satisfaction of the arresting officer or the court below having jurisdiction, in case of his arrest in connection with Crime No.2111 of 2017 of the Kilikolloor Police Station. Bail is granted on condition that

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a) The petitioner shall report before the investigating officer between 10 am. and 11 am on all Wednesdays a period of six weeks.

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b) The petitioner shall not leave the limits of Kilikolloor Police Station for six weeks.

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c) The petitioner shall not in any manner influence or intimidate the material witnesses, or he shall not have any contact with the material witnesses directly or over telephone.

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Sd/- P.UBAID JUDGE

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/True copy/

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P.S to Judge

Rafeek, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rafeek, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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