Allowed

Thomas.K.S., v. State of Kerala

Kerala HC13 Jun 2019Bail Appl./2507/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed two for Regular anticipatory bail applications filed by two accused persons in a cheating case, granting bail conditioned upon executing a bond with sureties and reporting as needed.

What did the court decide?

Petitioners released on bail conditioned upon executing a bond for Rs.30,000/- each with two solvent sureties each for like sums surrendering within ten days if arrested and reporting to the Investiga

Thomas.K.S., Vs 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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THURSDAY, THE 13TH DAY OF JUNE 2019 / 23RD JYAISHTA, 1941

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Bail Appl..No. 2507 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 366/2019 of DISTRICT COURT & SESSIONS COURT,THRISSUR DATED 14-03-2019

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CRIME NO. 286/2019 OF Ollur Police Station , Thrissur

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PETITIONER/S:

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THOMAS.K.S., AGED 64 YEARS S/O.SEBASTIAN, KURUPPASSERY HOUSE, KUNJITHAI, NORTH PARUR.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, STATE OF KERALA, ERNAKULAM-682031 (CRIME NO.286/2019 OF OLLUR POLICE STATION, THRISSUR DISTRICT)

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2 STATTION HOUSE OFFICER, OLLUR POLICE STATION, THRISSUR DISTRICT680306(CRIME NO.286/2019 OF OLLUR POLICE STATION, THRISSUR DISTRICT).

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OTHER PRESENT:

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SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.06.2019, ALONG WITH Bail Appl..2519/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2507 of 2019 & Bail Appl..No. 2519 of 2019

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-2-

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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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THURSDAY, THE 13TH DAY OF JUNE 2019 / 23RD JYAISHTA, 1941

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Bail Appl..No. 2519 of 2019

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CRIME NO. 286/2019 OF Ollur Police Station , Thrissur

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PETITIONER/S:

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1 K.T.TELSON

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AGED 44 YEARS S/O.K.S.THOMAS,KARUPPASSERY HOUSE, KUNJITHAI,NORTH PARUR.

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2 K.T.NELSON, AGED 42 YEARS

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S/O.K.S.THOMAS,KARUPPASSERY HOUSE, KUNJITHAI,NORTH PARUR.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT/S:

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1 STATE OF KERALA REP.BYTHE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.(CRIME NO.286/2019 0F OLLUR POLICE STATION,THRISSUR DISTRICT).

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2 STATION HOUSE OFFICER, OLLUR POLICE STATION,THRISSUR DISTRICT-680306, (CRIME NO.286/2019 OF OLLUR POLICE STATION,THRISSUR DISTRICT).

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.06.2019, ALONG WITH Bail Appl..2507/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2507 of 2019 & Bail Appl..No. 2519 of 2019

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ORDER

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The petitioners are accused Nos.2 to

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4 in Crime No.286/2019 of Ollur Police

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Station registered for the offences punishable under Sections 406 and 420 r/w Section 34 IPC.

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2. The petitioners have filed this application under Section 438 Cr.P.C.

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3. Heard.

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4. The learned Public Prosecutor has

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submitted that the petitioners in B.A.No.2519/2019 retired from the directorship of the Company in the year 2014

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and thereafter, new persons were inducted as Directors of T.N.T. Chits Pvt. Ltd. The petitioner in B.A.No.2507/2019 was never a Director of the Company, submitted by the

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Bail Appl..No. 2507 of 2019 & Bail Appl..No. 2519 of 2019

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learned Public Prosecutor. The transaction relating to the chit involved in this case was commenced on 26.07.2016. It is clear that the petitioners were not the Directors of the Company at the relevant time. In the said circumstances, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioners.

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In the result, these applications stand allowed and the respondents are directed to release the petitioners on bail in the event

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of their arrest in the above said crime on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees Thirty thousand only) each with two solvent sureties each, each for the like sum to the

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Bail Appl..No. 2507 of 2019 & Bail Appl..No. 2519 of 2019

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-5-

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satisfaction of the second respondent, before whom the petitioners shall surrender

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within ten days, if not arrested in the meantime and subject to the further conditions that the petitioners shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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Sd/- B. SUDHEENDRA KUMAR, JUDGE

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STK

Thomas.K.S., v. State of Kerala

Case brief

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What did the court decide?

Thomas.K.S., v. State of Kerala

Case brief

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