Allowed

Sreekumar. H v. State of Kerala

Kerala HC3 Apr 2019Bail Appl./2361/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the first accused in a case involving cheating and criminal breach of trust. Observing the dispute was largely civil and settled, the court held custodial interrogation unnecessary. Bail was granted on conditional bond with failure to appear and interference witnesses prohibited.

What did the court decide?

Anticipatory bail granted to the petitioner on condition of executing a bond for Rs. 30,000/- with two sureties, appearing within ten days, reporting to IO, and not tampering with witnesses or investi

Sreekumar. H Vs State of Kerala — Cheating and Forgery | 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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WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941

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Bail Appl..No. 2361 of 2018

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AGAINST THE ORDER/JUDGMENT IN CRMC 587/2018 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM DATED 23-03-2018

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CRIME NO. 369/2018 OF Panangad Police Station , Ernakulam

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PETITIONER/S/ACCUSED:

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SREEKUMAR. H AGED 39 YEARS, S/O HARIKESHAN NAIR, FLAT NO.CI, EAST AVENUE APARTMENTS, 1ST FLOOR,ST.SEBASTIAN ROAD, KALOOR PO, KOCHI-682017.

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BY ADV. SRI.DINESH MATHEW J.MURICKEN

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RESPONDENT/S/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,PANANGAD POLICE STATION, ERNAKULAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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**2 ADDL.R2. GEETHA SUKUMARAN W/O.LATE SUKUMARAN, ANANDAPURATH CHIRA HOUSE, KUMBALAM, PANANGAD PO., ERNAKULAM DISTRICT, PIN - 682506. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 08.08.2018 IN CRL.M.A.7939/18 IN B.A.NO.2361 OF 2018.)

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BY ADVS. AYSHA YOUSEFF SRI.C.M.EBRAHIM SRI.JOBI.A.THAMPI SRI.JOBI.A.THAMPI SMT.MOLLY JACOB BY PUBLIC PROSECUTOR, SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2361 of 2018

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O R D E R

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The petitioner is the first accused in Crime No.369

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of 2018 of Panangadu Police Station, registered for the offences punishable under Sections 406 and 420 read with Section 34 IPC.

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The petitioner has filed this application under

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Section 438 Cr.P.C.

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Heard.

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It appears that the dispute involved in this

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case is predominantly civil in nature. That apart, the

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learned Advocates for the parties have submitted that the matter has been settled by the parties. Considering the

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Bail Appl..No. 2361 of 2018

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facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified .

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In the result, this application stands allowed and the first respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.369 of 2018 of Panangadu 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 satisfaction of the Station House Officer, Panangadu Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the

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Bail Appl..No. 2361 of 2018

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meantime, and subject to the following further

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conditions:-

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(i) The petitioner shall report before the Investigating Officer as and when required by

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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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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/03.04.2019

Sreekumar. H v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreekumar. H v. State of Kerala

Case brief

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What did the court decide?

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