Single Judge, Kerala HC allowed anticipatory bail to the first accused under Section 438 Cr.P.C. holding the dispute regarding property sale deeds to have a civil nature and finding no necessity for custodial interrogation.
Application allowed; applicant to appear for interrogation and then released on bail with a bond of Rs. 50,000 and two sureties.
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
TUESDAY, THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940
Bail Appl..No. 4079 of 2018
CRIME NO. 463/2018 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT
PETITIONER/ACCUSED:
PULILANDY P. MANOJ, AGED 48 YEARS, S/O. BHASKARAN, CHIRAKKAL AMSOM,PUZHATHI DESOM, PULILANDI P.O, KANNUR DISTRICT.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR DISTRICT, PIN - 670 001.
ADDL. R3 GOVINDA RATNA, AGED 57 YEARS,
D/O. SREEDEVI AMMA, 'RAJEEVAM', NEAR CHINMAYA BALA BHAVAN, KANNUR DISTRICT, PIN-670 011.
ADDL. R3 IS IMPLEADED IN B.A. NO.4079/2018 IN CRL.M.A. NO.6902/2018 AS PER ORDER DATED 3.7.2018.
R3 BY ADV. SRI.C.K.SREEJITH
R1 & R2 SENIOR PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:4079/18
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ORDER
This application is filed under Section 438 of the Cr.P.C.
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grievance of the de facto complainant is that the applicant herein managed to earn profit of over Rs.1.5 Crores by extracting laterite and stones from the property. However, the profit share was not handed over to the de facto complainant. Later when she enquired, she realized that instead of registering a Power of Attorney, the applicant has managed to get sale deeds registered in his favour. It is further alleged that the liabilities that the de facto complainant had incurred had to be settled by disposing of her properties.
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for mediation. The applicant was directed to implead the de facto complainant. Pursuant to that, Sri.C.K.Sreejith, the learned counsel had entered appearance and the parties were referred for mediation. However, they were not able to arrive at a settlement.
In the result, this application will stand allowed. The applicant shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is
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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. The above order shall be subject to the following conditions:
(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 two months or till final report is filed whichever is earlier.
ii) He 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.
iii) He shall not commit any similar offence while on bail.
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
//TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving alleged cheating and forgery arising from a civil property dispute.
Whether custodial interrogation is necessitous when the dispute has a predominant civil character.
2 provisions across 2 enactments
Pulilandy P. Manoj
State of Kerala
Govinda Ratna
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
