The Kerala High Court granted anticipatory bail to the first accused in a cheating case involving the alleged fraudulent removal of hypothecated stock from banks. The court held that custodial interrogation was unnecessary.
Application allowed; applicant to appear for interrogation within ten days; bail granted on Rs. 2,00,000 bond with conditions.
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
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940
Bail Appl..No. 2765 of 2018
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CRIME NO.1913/2017 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/1ST ACCUSED.
NAZAR, AGED 47 YEARS, S/O. MOHAMMED ELIYAS, S.B HOUSE, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM.
BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN SMT.ANN SUSAN GEORGE SRI.V.A.VINOD
RESPONDENTS/COMPLAINANT/STATE:
1. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM-695101.
2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
3. THE CHIEF MANAGER, STATE BANK OF INDIA, MAMOM ATTINGAL BRANCH, S.S TRADE CENTRE, MAMOM, KIZHUVILOM PO, ATTINGAL, THIRUVANANTHAPURAM-695104.
R3 BY ADV. SRI.R.S.KALKURA, SC, SBI R1 & R2 BY PUBLIC PROSECUTOR MR. C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V., J
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B.A. No.2765 of 2018
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Dated this the 22nd day of June, 2018
ORDER
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BA.2765/18
would refrain from doing any act to the prejudice of the Bank. According to the de facto complainant, when an inspection was conducted in the premises of the borrowers in the Month of April, 2017, it was found that the applicant and others had surreptitiously removed the hypothecated stock with intent to defraud the Bank. The plants and machineries were also transferred by the accused without the knowledge and consent of the Bank with intent to cheat them.
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BA.2765/18
(i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of one month or till final report is filed whichever is earlier.
ii) He shall not directly or indirectly make any
BA.2765/18
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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.
iii) He shall not commit any similar offence while on bail.
iv) The applicant shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/Raja Vijayaraghavan V., Judge
krj.22/6
//true copy//
P.A to Judge
3 issues framed by the court
Whether anticipatory bail is grantable to an accused in a cheating case involving bank fraud where investigation is underway.
Whether custodial interrogation is necessitous for an effective investigation in the present facts.
What conditions should be imposed on the grant of anticipatory bail.
2 provisions across 2 enactments
Nazar
The State Bank of India
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
