Allowed

Biju v. State of Kerala

Kerala HC9 Jan 2018Bail Appl./8863/2017

Case brief

AI extract

What is this about?

Bail application allowed. Petitioner, 4th accused in cheating case, released on bail subject to bond with sureties, weekly appearance, witness interference prohibition, no new offence, and permission to leave India.

What did the court decide?

Release on bail on executing a bond for Rs. 50,000 with two sureties, appearing before IO on Saturdays, not influencing witnesses, no new offences, and no leaving India without permission.

Biju Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 9TH DAY OF JANUARY 2018 / 19TH POUSHA, 1939

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Bail Appl..No. 8863 of 2017

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CRIME NO.1855/2017 OF THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT.

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PETITIONER/ACCUSED NO.4:

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BIJU, AGED 32 YEARS, S/O RAPPAI, CHAKKALAMUTTAM(H), ANCHERY, OLLUR VILLAGE, THRISSUR.

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BY ADVS.SRI.LINDONS C.DAVIS

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SMT.E.U.DHANYA

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RESPONDENT/STATE:

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

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.8863 of 2017

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Dated this the 9^th day of January, 2018

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ORDER

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1.This petition is filed under Section 439 of the Code of Criminal Procedure.

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2.The petitioner herein is the 2^nd accused in Crime No.1855 of 2017 of the Thrissur East Police Station, registered alleging offence punishable under Sections 406 & 420 read with Sec.34 of the IPC.

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3.According to the prosecution, the accused No.1 in the instant case had monetary transactions with the de facto complainant and the 1^st accused with the assistance of the accused Nos.2 and 3 are alleged to have caused loss to the tune of Rs.22 lakhs.

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4.Learned counsel appearing for the petitioner submits that the allegations are all centered against the accused Nos. 1 and 3. The petitioner herein was implicated as he was the driver of the 1^st accused. It is finally submitted that he was arrested

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B.A.No. 8863 of 2017 2

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on 18.11.2017 and having regard to the minimum role attributed to him, it is prayed that he be released on bail.

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5.Learned Public Prosecutor on instructions submits that the

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accused no.1 is a serial offender and he is involved in as many as 20 crimes in various police stations. However, insofar as the petitioner is concerned, no prior criminal antecedents are reported.

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6.I have considered the submissions advanced. Having regard

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to the period of incarceration undergone, and the stage of investigation and the role attributed to the petitioner, It doesn't appear to me that further detention of the petitioner is warranted. In that view of the matter, the petition is allowed, but subject to the following conditions:

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1). The petitioner shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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2).The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.

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3). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall

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B.A.No. 8863 of 2017 3

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he tamper with the evidence.

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4). The petitioner shall not commit any offence while he is on bail.

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5). The petitioner shall not leave India without the previous permissino of the court having jurisdiction.

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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.

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Sd/-

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RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY//

P.A TO JUDGE

IAP

Biju v. State of Kerala

Case brief

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What did the court decide?

Biju v. State of Kerala

Case brief

What is this about?

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