Allowed

Shakeena P v. State of Kerala

Kerala HC15 Nov 2018Bail Appl./5797/2018

Case brief

AI extract

What is this about?

The Court granted pre-arrest bail to petitioners accused in a criminal case involving alleged deposit maturity default. Conditions imposed include appearance for interrogation, non-frustration of investigation, and ensuring no intimidation of complainants or witnesses.

What did the court decide?

Pre-arrest bail allowed on conditions including appearance for interrogation within 10 days, execution of bond with two sureties for Rs. 40,000 each, and adherence to investigation cooperation.

Shakeena P 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 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

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Bail Appl..No. 5797 of 2018

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CRIME NO. 119/2018 OF SREEKANDAPURAM POLICE STATION, KANNUR

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PETITIONER/ACCUSED:

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1 SHAKEENA P, AGED 28 YEARS, PAROTTAKATH, SREEKANDAPURAM, KANNUR DISTRICT, PIN 670631.

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2 SALY JOSEPH, AGED 59 YEARS, W/O. JOSEPH, NAKKOLIKARA, SREEKANDAPURAM P.O., KOTTOOR VAYAL, PIN 670631

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3 SANTHA.P., AGED 59 YEARS, W/O. NARAYANAN, PULLANJI HOUSE, SREEKANDAPURAM, KANNUR DISTRICT, PIN 670631

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4 MARIKUTTY JOSEPH, AGED 47 YEARS, KULATHIL PARAMBIL, SREEKANDAPURAM, KANNUR DISTRICT, PIN 670631

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5 THANKAMMA KUMMINIYIL, AGED 47 YEARS KUMMINIYIL HOUSE, KANJIRAKOLLY P.O., KANNUR 670633

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6 BHARGAVY P., AGED 49 YEARS PAYYAN VEEDU, NEDUNGOME, KANNUR DISTRICT, PIN 670631

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7 SOBHANA JAYAKUMAR, AGED 42 YEARS W/O. JAYAKUMAR, MATHERI HOUSE, PERUVALATHUPARAMBU, IRIKKOOR, KANNUR DISTRICT, PIN 670593

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BY ADVS. KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SRI.M.RAJESH KUMAR SMT.B.SABITHA SMT.N.C.SAJINI SMT.K.L.SREEKALA SRI.M.A.VINOD

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RESPONDENT/S:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. PUBLIC PROSECUTOR OTHER PRESENT:

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SR. P.P. SRI. C.N. PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 5797 of 2018

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O R D E R

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Petitioners apprehending arrest in Crime No.119/2018 of Sreekandapuram Police Station, Kannur seek bail. The prosecution allegation is that the de facto complainant deposited an amount in a society as fixed deposit. When it became mature, it was not returned. Hence, complaint was laid and crime was registered.

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2. It seems that this Court by order in B.A.No.4204/2018 had granted the benefit of pre-

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arrest bail to the 1^st accused, who was the President of the Society.

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3. The learned Public Prosecutor on

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instructions submitted that the 3^rd petitioner is arrayed as the 2^nd accused and the 6^th petitioner as the 3^rd accused. No crime has been registered

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against the remaining petitioners. This is recorded.

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4. Considering the fact that the main accused

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Bail Appl..No. 5797 of 2018

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was granted bail by the order of this Court, I feel that the accused Nos.2 and 3, who are petitioners 3 and 6 respectively, are also entitled for the benefit of pre-arrest bail.

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Hence, the pre-arrest bail application is

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allowed on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of 40,000/- (Rupees₹ forty thousand only) with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iii) They shall appear before the Investigating Officer as and when called for and co-operate with

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the investigation.

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Bail Appl..No. 5797 of 2018

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(iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 16/11

Shakeena P v. State of Kerala

Case brief

What is this about?

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Shakeena P v. State of Kerala

Case brief

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What did the court decide?

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