Allowed

Ganji.M.a., v. the State of Kerala

Kerala HC25 Mar 2019Bail Appl./1558/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application filed by an accused under Section 438 Cr.P.C. for offences under IPC Sections 406, 420, and 506. The court found the underlying dispute concerning house construction costs to be predominantly civil, justifying the grant of bail.

What did the court decide?

Petitioner released on bail subject to bond of Rs.35,000 and two sureties of Rs.35,000 each, conditions to report and not tamper with investigation.

Ganji.M.a., Vs the State of Kerala — Bail and Remand | 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 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941

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Bail Appl..No. 1558 of 2019

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CRIME NO. 251/2019 OF Town East Police Station , Thrissur

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PETITIONER/S:

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GANJI.M.A., AGED 48 YEARS S/O. ANTONY .M.K., MURINGATHERY HOUSE, THUMBUR P.O., THRISSUR 680 662.

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BY ADV. SRI.C.R.SIVAKUMAR

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR CITY DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANKULAM.

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2 ADDL.R2 VINU SHOBY, CHERUVATHUR HOUSE, NEAR APREM CHURCH CHALEKKOTTUKARA, THRISSUR, KERALA, PIN-680005.

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IS IMPLEADED AS PER ORDER DATED 18.3.2019 IN CRL.MA NO.1/19 AND IN BA-1558/2019.

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OTHER PRESENT:

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SRI.C.S HRITHWIK,PP BY ADV. SRI. C.A. CHACKO FOR R2

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1558 of 2019

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-2-

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O R D E R

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The petitioner is the accused in Crime No.251 of

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2019 of Town East Police Station, Thrissur registered for

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the offences punishable under Sections 406, 420 and 506 IPC.

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The petitioner has filed this application praying

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for the relief under Section 438 Cr.P.C.

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Heard.

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The learned counsel for the 2^nd respondent has opposed the application.

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It appears that there is dispute with regard to the

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expenses incurred in connection with the construction of

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the house of the 2^nd respondent by the petitioner. The 2^nd

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respondent submits that he had paid Rs.3.05 crore to the petitioner. However, the petitioner contends that an amount

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Bail Appl..No. 1558 of 2019

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of Rs.14 lakh more is to be paid to the petitioner over and above the amount paid by the 2^nd respondent. It has been

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admitted by both the parties that the house had been already handed over to the 2^nd respondent after completing the construction. Thus, it appears that the dispute is only with regard to the cost of construction. Having gone through the relevant inputs, it appears that the dispute involved in this case is predominantly civil in nature. Therefore, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

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In the result, this application stands allowed and the petitioner shall be released on bail in the event of his arrest in connection with Crime No.251 of 2019 of Town East Police Station, Thrissur, on condition of the petitioner executing a bond for Rs.35,000/-(Rupees thirty five

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Bail Appl..No. 1558 of 2019

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-4-

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thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Town East Police Station, Thrissur, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following 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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B. SUDHEENDRA KUMAR, JUDGE .

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dl/25.3

Ganji.M.a., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Ganji.M.a., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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