The High Court allowed the anticipatory bail application filed by petitioners accused in a cheating and forgery case. The Court granted bail on coupled conditions requiring execution of personal bond and summoning of sureties.
Petitioners released on bond of Rs. 35,000 each with two sureties after surrendering within ten days.
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
MONDAY,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
Bail Appl..No. 1649 of 2019
CRIME NO. 44/2019 OF Pazhayannur Police Station, Thrissur
PETITIONER/S:
2 UDAYAN,AGED 44 YEARS S/O.RAMAKRISHNA MENON,UDAYAVIHAR, KANIYARKKODE,THIRUVILWAMALA, PAZHAYANNUR,THRISSUR DISTRICT.
4 AJITH, AGED 36 YEARS S/O.KANNAN NAIR,CHEERATH HOUSE, KANIYARKKODE,THIRUVILWAMALA, PAZHAYANNUR,THRISSUR DISTRICT.
BY ADV. SRI.ANOOP JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.
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ADDL.3RD ARJUN SASIKUMAR, RESPONDENT AGED 28 YEARS, S/o.SASIKUMAR, 35/2616D, RELCON MIDTOWN VILLA, THAMMANAM, POONITHURA, KOCHI, KERALA (IMPLEADED AS ADDITIONAL THIRD RESPONDENT AS PER ORDER DATED 25-3-2019 IN CRL. M.APPLICATION 1 OF 2019)
BY ADV. SRI.SINU.G.NATH
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1649 of 2019
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ORDER
The petitioners are accused Nos. 3 to 6 in Crime No. 44 of 2019 of Pazhayannur Police Station, registered for the offences punishable under Sections 120 B, 420, 465, 468, and 471 read with Section 34 IPC.
Bail Appl..No. 1649 of 2019
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circumstances, an order under Section 438 Cr.P.C. in favour of the petitioners will be justified.
In the result, this application stands allowed, and the respondent Nos. 1 and 2 are directed to release the petitioners on bail, in the event of their arrest in connection with Crime No. 44 of 2019 of Pazhayannur Police Station, on condition of each of the petitioners executing a bond for Rs. 35,000/- (Rupees thirty five thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the 2nd respondent before whom the petitioners shall surrender within ten days, if not arrested in the meantime, and subject to the following further conditions:-
(i) The petitioners shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the
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investigating officer for interrogation.
(ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.
(iii) The petitioners shall not get involved in any offence during the pendency of this case.
Dated this the 25th day of March, 2019.
Sd/-B.Sudheendra Kumar, Judge
ani/
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners accused in a case involving criminal conspiracy, cheating, forgery and criminal breach of trust.
Whether the allegations of complicity in creating forged documents and cultivating land to claim subsidies justify the denial of bail.
Whether the grant of bail on coupled conditions including execution of bond and reporting before the investigating officer is appropriate in this case.
2 provisions across 2 enactments
Abdul Gafoor
Udayan
Anitha Udayan
Ajith
State of Kerala
Pazhayannur Police Station
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
