High Court of Kerala allowed a bail application under Section 438 Cr.P.C. for the accused in a cheating case (IPC 420). The Court noted no criminal antecedents and held custodial interrogation unnecessary, granting bail on two sureties.
Petitioner released on bail on bond of Rs.35,000 with two sureties; must report to IO and not influence witnesses.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941
Bail Appl..No. 2136 of 2019
CRIME NO. 107/2019 OF Edakkad Police Station , Kannur
PETITIONER/ACCUSED:
HAYANA SAHADEVAN AGED 42 YEARS D/O. SAHADEVAN, SHIVAM, MELE CHOVVA, KANNUR.
BY ADV. SRI.K.RAJESH SUKUMARAN
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
ADDL. NIZAMUDHEEN K.P
R2 S/O RAFEEQ, AGED 22 YEARS, KUNHIPARAMBATH HOUSE, MUZHAPILANGAD AMSOM, MAMAKUNNU DESOM, P.O.KADAMBUR, KANNUR.
ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 9/4/2019 IN CRL.MA NO.1/2019
BY ADVS. SRI.K.SIJU SMT.S.SEETHA
SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No. 2136 of 2019
O R D E R
The petitioner is the accused in Crime No.107/2019 of Edakkad Police Station registered for the offence punishable under Section 420 IPC.
Section 438 Cr.P.C.
that the petitioner has no criminal antecedent. It appears that no recovery is to be effected in this case. Considering the facts and circumstances of the case, I
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Bail Appl..No. 2136 of 2019
am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, the petitioner has no criminal antecedent. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified.
In the result, this application stands allowed and the 1st respondent is directed to release the petitioner on bail in the event of his arrest in Crime No.107/2019 of Edakkad police station, on condition of the petitioner executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer of Edakkad Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:
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Bail Appl..No. 2136 of 2019
required by the Investigating Officer for interrogation.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/21.05.19
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail u/s 438 Cr.P.C. in a case of cheating.
Whether custodial interrogation is necessary given the petitioner has no criminal antecedent and no recovery is involved.
2 provisions across 2 enactments
Hayana Sahanadevan
The State
R2
B.Sudheendran Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
