High Court of Kerala allowed anticipatory bail in a cheating and criminal breach of trust case. The court held the dispute over the construction agreement was predominantly civil, justifying the interlocutory bail order.
Petitioner released on bond for Rs.30,000 with two sureties each for Rs.30,000, subject to specific 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
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941
Bail Appl..No. 1169 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1185/2018 of SESSIONS COURT,THALASSERY DATED 10-10-2018
CRIME NO. 337/2018 OF Irikkur Police Station , Kannur
PETITIONER/S:
VAMBAN HAMZA, AGED 45 YEARS S/O.AYAMMAD KUTTY HAJI, VAMBAN (H), OTTAMARAM, KAKKAYNGAD, KANNUR (DT).
BY ADV. SRI.CIBI THOMAS
RESPONDENT/S:
1 THE SHO, IRIKKUR POLICE STATION KANNUR DISTRICT - 670 593.
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
3 ADDL.R3 P.H.HASEENA D/O ABDUL KHADER, CHERATTAYADAN HOUSE, PERUVALATHUPARAMBA P.O, IRIKKUR, KANNUR DISTRICT-670593.
ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 8.3.2019 IN CRL.MA NO.1/2019 IN BA 1169/2019.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1169 of 2019
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ORDER
The petitioner is the accused in Crime No. 337 of 2018 of Irikkur Police Station. The offences alleged are punishable under Sections 406 and 420 IPC.
Bail Appl..No. 1169 of 2019
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In the result, this bail application stands allowed, and the respondent Nos. 1 and 2 are directed to release the petitioner on bail, in the event of his arrest in connection with the Crime No. 337 of 2018 of Irikkur Police Station, on condition of the petitioner executing a bond for Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties, each for the like sum to the
Bail Appl..No. 1169 of 2019
satisfaction of the first respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime, and subject to the following further conditions:-
(i) The petitioner shall report before the Investigating Officer as and when required by the investigating officer for interrogation.
(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
Dated this the 5th day of April, 2019.
Sd/-B.Sudheendra Kumar, Judge.
ani/
/true copy/
1 issue framed by the court
Whether an anticipatory bail order under Section 438 Cr.P.C. is justified in a case involving a predominantly civil dispute over a construction agreement.
1 provisions across 1 enactments
Vamban Hamza
The SHO, Irikkur Police Station Kannur District
State of Kerala
P.H.Haseena
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
