Allowed

M.Sudarsana B Holla v. State of Kerala

Kerala HC19 Feb 2018Bail Appl./1009/2018

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. for accused persons facing charges of cheating, forgery, and corruption, as custodial interrogation was deemed unnecessary given the advanced stage of investigation.

What did the court decide?

Petitioners allowed anticipatory bail to remain at liberty on condition of executing a bond of Rs.30,000 each with two sureties.

M.Sudarsana B Holla Vs State of Kerala — Corruption | Kerala HC (2018)

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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.SUDHEENDRA KUMAR

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MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939

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Bail Appl..No. 1009 of 2018

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CRIME NO. 1/2011 OF VACB, KOZHIKODE , KOZHIKODE

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PETITIONER(S)/ACCUSED 3 TO 9

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1 M.SUDARSANA B HOLLA, AGED 48 YEARS, VICE PRESIDENT,

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SHRIRAM INVESTMENTS LIMITED, 123 ANGAPPA NAICKEN STREET, CHENNAI - 600 001.

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2 SHRIRAM INVESTMENTS LIMITED, REPRESENTED BY THEN MANAGER RANJITH G., AGED 40 YEARS, SREEPADAM, BUILDINGS,

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CHEROOTTY ROAD, KALATHUMKUNNU AMSOM DESOM, KOZHIKODE - 673 001.

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3 MANAGING DIRECTOR, UMESH G.RAVENKAR, AGED 54 YEARS, M/S SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, 123 ANGAPPA NICKEN STREET, CHENNAI - 600 001.

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4 MR.BABU JOSE, AGED 44 YEARS, ASSISTANT MANAGER AND PRINCIPAL OFFICER SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, SREEPADAM BUILDING, CHEROOTTY ROAD, KALATHUMKUNNU AMSOM DESOM, KOZHIKODE - 673 001.

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5 MR.SAJESH, AGED 42 YEARS, FIELD OFFICER, SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, SREEPADAM BUILDING, CHEROOTTY ROAD,

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KALATHUMKUNNU AMSOM DESOM, KOZHIKODE - 673 001.

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6 MR.P.T.VENUGOPAL, AGED 70 YEARS, S/O. GOVINDAN MENON, AUTHORISED SIGNATORY, SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, SREEPADAM BUILDING, CHEROOTTY ROAD, KALATHUMKUNNU AMSOM DESOM, KOZHIKODE - 673 001.

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7 G.RANJITH AGED 40 YEARS, S/O. GANGADHARAN NAIR, POWER OF ATTORNEY HOLDER AND FIELD EXECUTIVE SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, SREEPADAM BUILDING, CEROOTTY ROAD, KALATHUMKUNNU AMSOM DESOM, KOZHIKODE - 673 001.

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BY ADVS.SRI.C.HARIKUMAR SRI.P.S.SIDHARTHAN SRI.RENJITH RAJAPPAN

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RESPONDENT(S)/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR (P.C.ACT.) HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR, SHRI E C BINEESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Bail Application No.1009 of 2018

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 19^th day of February 2018

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O R D E R

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The petitioners are the accused in Crime No.VC No.1 of 2011 of VACB, Kozhikode. The offences alleged are the offences under Sections 465, 468, 471, 420 and 120B

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read with Section 34 I.P.C. and Section 13(1)(d) read with

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Section 13(2) of Prevention of Corruption Act.

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The petitioners have filed this application praying

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for the relief under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has no serious

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objection in allowing the application.

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BA 1009/18

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: 2 :

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The crime was registered in the year 2011. The

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petitioners are not yet arrested. The investigation has been advanced much. Considering the facts and circumstances of the cases, I am of the view that the custodial interrogation of the petitioners is not necessary in this case. Therefore, an order under Section 438 Cr.P.C. in favour of the petitioners will be justified.

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In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in Crime No.VC No.1 of 2011 of VACB, Kozhikode, on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees thirty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the Investigating Officer, before whom the petitioners shall surrender within ten days from today, if not arrested in the meantime and subject to the

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BA 1009/18

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: 3 :

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following further conditions:

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(i) The petitioners shall report before the Investigating Officer on alternate Saturdays between 9 a.m. and 1 p.m. for one month and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioners shall co-operate with the investigation.

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iv) The petitioners shall not get involved in any other offence of similar nature while on bail.

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B.SUDHEENDRA KUMAR,

JUDGE

dl/.19.2.18

// True copy //

PA to Judge

M.Sudarsana B Holla v. State of Kerala

Case brief

What is this about?

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M.Sudarsana B Holla v. State of Kerala

Case brief

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