Allowed

Dr.Saban.K.v v. the Sub Inspector of Police

Kerala HC10 Jun 2019Bail Appl./2138/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application under Section 438 Cr.P.C. regarding offences of forgery. The court held custodial interrogation unnecessary and granted pre-arrest bail subject to standard conditions.

What did the court decide?

Pre-arrest bail granted with a bond of Rs.30,000/- and two sureties, along with conditions regarding reporting to the Investigating Officer and not tampering with witnesses.

Dr.Saban.K.v Vs the Sub Inspector of Police — 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 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941

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Bail Appl..No. 2138 of 2019

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PETITIONER/S:

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DR.SABAN.K.V, AGED 55 YEARS S/O. LATE K.J. VARKEY, PRINCIPAL ST. ALOYSIUS COLLEGE, EDATHUA P.O, 689573, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.JEEVAN MATHEW MANAYANI

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RESPONDENT/S:

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1 THE SUB INSPECTOR OF POLICE EDATHUA POLICE STATION, EDATHUA P.O, ALAPPUZHA DISTRICT-689573.

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2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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3 ADDL.R3 GEORGE KUTTY VARGHESE RESIDING AT VALLAPURACKAL HOUSE, EDATHUA-689573, ALAPPUZHA DISTRICT.

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ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 4/4/2019 IN CRL.MA NO.2/2019.

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BY ADV. SRI.JOSHI N.THOMAS

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.. No. 2138 of 2019

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ORDER

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The petitioner is the accused in Crime No. 233 of

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2019 of Edathua Police Station, registered for the offences punishable under Sections 463, 464 and 471 IPC.

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The petitioner has filed this application

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under Section 438 Cr.P.C.

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Heard.

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The prosecution allegation can be briefly

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stated thus:

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The petitioner, while working as Principle of St. Aloysius College, Edathua, did not countersign the cash book prepared by the de-facto complainant for a period of six months and thereafter, the petitioner forged it with the help of one Office Assistant T.T. Devassia, and thereafter, the said book was submitted before the authorities concerned, which resulted in the

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removal of the de-facto complainant from the college. It

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B.A.. No. 2138 of 2019

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appears that the petitioner retired from the service recently. The petitioner has no criminal antecedent, submitted by the learned Public Prosecutor. Considering the facts and circumstances of the case, including the nature of allegations, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent against the petitioner. Therefore, I am inclined to grant pre-arrest bail to the petitioner.

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In the result, this application stands allowed and it is directed that the petitioner shall be enlarged on bail in the event of his arrest in the above said crime, 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 satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within ten

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B.A.. No. 2138 of 2019

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days, if not arrested in the meantime and subject to the following further conditions:

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

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

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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das

Dr.Saban.K.v v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Dr.Saban.K.v v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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