Partly allowed

Sabu v. State of Kerala

Kerala HC8 Nov 2018Bail Appl./2045/2018

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail application where the petitioner faced charges under sections 405, 406, 415, and 420 of the IPC. The court held custodial interrogation was not essential and granted bail subject to conditions.

What did the court decide?

Anticipatory bail granted subject to conditions including appearance for interrogation and execution of a bond with sureties.

Sabu Vs State of Kerala — Bail and Remand | 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 SUNIL THOMAS

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THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

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Bail Appl..No. 2045 of 2018

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AGAINST THE ORDER/JUDGMENT IN CMP 6330/2017 of J.M.F.C.,ADIMALI CRIME NO. 1167/2017 OF Adimaly Police Station , Idukki

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PETITIONER/ACCUSED:

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SABU AGED 42 YEARS, CHRISTHU BHAVAN, PARIPPALY, KOLLAM DISTRICT.

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BY ADV. SRI.M.L.SURESH KUMAR

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM

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OTHER PRESENT:

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A.2045/18

ORDER

Petitioner herein apprehends arrest in Crime No.1167 of 2017 of Adimaly Police Station for offences punishable under sections 405, 406, 415 and 420 of the Indian Penal Code.

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According to the prosecution, petitioner herein obtained possession of the vehicle and failed to return it. It was understood that the vehicle was dismantled and sold. A private complaint was laid, which was referred to the police. Apprehending arrest, petitioner herein seeks bail.

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It seems that the question is essentially based on the transaction between the parties. I do not feel that, custodial interrogation is essential in the nature of allegations. Hence, I am inclined to grant bail to the petitioner herein subject to the following conditions.

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(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each.

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(ii) He shall appear before the investigating officer as and when called for.

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B.A.2045/18

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(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iv) He shall co-operate with the investigation. Anticipatory bail application is allowed as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

Sabu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sabu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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