Allowed

Abhijith Soman, v. State of Kerala

Kerala HC20 May 2019Bail Appl./1157/2019

Case brief

AI extract

What is this about?

The court admitted an anticipatory bail application filed by an accused in a misappropriation case. Finding custodial interrogation unnecessary as the accused was no longer with the company and documents were available, the court allowed the application and directed release on a bond of Rs. 30,000 with two sureties.

What did the court decide?

Petitioner released on bail in connection with Crime No. 1553 of 2018 on bond of Rs. 30,000 with two sureties for like sum; to surrender within ten days.

Abhijith Soman, Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941

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Bail Appl..No. 1157 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 56/2019 of DISTRICT COURT & SESSIONS COURT,TRIVANDRUM DATED 28-01-2019

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CRIME NO. 1553/2018 OF Cantonment Police Station , Thiruvananthapuram

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PETITIONER/S/ACCUSED:

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ABHIJITH SOMAN, AGED 36 YEARS S/O.SOMAN, RESIDING AT VETTUVELIL HOUSE, THUMBALAKADU P.O., ERIKODU, KOTTAYAM DISTRICT.

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BY ADV. SRI.S.JUSTUS

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RESPONDENT/S/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, PIN- 682031.

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2 ADDL.R2 RATHEESH RATHEESH, S/O RAJAGOPAL, MUDAVAKATTIL VEEDU, KALVARY SOCIAL CENTRE, 20TH WARD, POONTHOL VILLLAGE, THRISSUR DIST, PIN-680023.

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**(*ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18.3.2019 IN CRL.MA NO.1/2019 AND IN BA-1157/2019.

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BY ADV. SRI.PREMCHAND M. SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1157 of 2019

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O R D E R

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The petitioner is the accused in Crime No.1553 of

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2018 of Cantonment Police Station registered for the offences punishable under Sections 406 and 420 IPC.

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The prosecution allegation is that the petitioner,

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while working as the Branch Manager of the defacto complainant Company, misappropriated a total amount of Rs.6,78,709/- during the period from 11.09.2018 to 23.10.2018.

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The petitioner has filed this application under Section 438 Cr.P.C.

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Heard.

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It has been submitted by the learned Counsel for

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the additional second respondent that the service of the petitioner with the company was already terminated. The

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Bail Appl..No. 1157 of 2019

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learned Counsel for the additional second respondent has further submitted that all documents pertaining to the misappropriation are available with the company. Having gone through the relevant inputs, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified.

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In the result, this application stands allowed and the first respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No. 1553 of 2018 of Cantonment Police Station on condition of the petitioner executing a bond for Rs.30,000/-(Rupees Thirty Thousand only), with two solvent sureties, each for

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the like sum to the satisfaction of the Station House

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Bail Appl..No. 1157 of 2019

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Officer, Cantonment Police Station, before whom the petitioner shall surrender within ten days, if not arrested

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in the meantime and subject to the following further conditions:

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(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any other offence during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/20.05.2019

Abhijith Soman, v. State of Kerala

Case brief

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Abhijith Soman, v. State of Kerala

Case brief

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