High Court allowed pre-arrest bail to petitioner in a cheating case involving recovery of security documents without clearing debt, noting no fabrication allegations and lack of antecedents.
Petitioner enlarged on bail with bond of Rs.35,000/- and two sureties, subject to reporting to IO and non-interference with witnesses.
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 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941
Bail Appl..No.2797 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 689/2019 of DISTRICT COURT & SESSIONS COURT,THALASSERY DATED 06-04-2019
CRIME NO.257/2019 OF Valappatanam Police Station , Kannur
PETITIONER/ACCUSED:
VACHAPRATH SABIRA, AGED 47 YEARS W/O.MUHAMMED ASHRAF M., FATHIMA MANSIL, NEAR LEAGUE OFFICE, ILLIPURAM, PAPPINISSERY WEST P.O., KANNUR DISTRICT.
BY ADVS.
SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN
RESPONDENT/COMPLAINANT/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
ADDL. B.T. MANZOOR, R2 PRESIDENT IN CHARGE, VALAPPATANAM SERVICE CO-OPERATIVE BANK, VALAPATTANAM PO, KANNUR DISTRICT.
ADDL. R2 IS IMPLEADED AS PER ORDER DATED 17.06.2019 IN CRL.MA NO.1/2019 IN BA-2797/2019.
BY ADV. SRI.K.RAJESH SUKUMARAN
SMT.V.SREEJA,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No.2797 of 2019
O R D E R
The petitioner is the 2nd accused in Crime
No.257/2019 of Valapattanam Police Station, registered for the offences punishable under Sections 406, 409 and 420 read with Section 34 IPC.
Section 438 Cr.P.C.
that the petitioner has no criminal antecedent. It
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Bail Appl..No.2797 of 2019
appears that the petitioner is a lady aged 47 years. There is no allegation that the petitioner fabricated any document. The only allegation is that the petitioner managed to obtain the documents back to the petitioner from the Society without clearing the debt due to the Society. It has been submitted by the learned Public Prosecutor that the documents have been already seized by the Police. Having gone through the relevant inputs, 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. In the said circumstances, I am inclined to grant pre- arrest bail to the petitioner.
In the result, this application stands allowed and it is directed that the petitioner shall be enlarged on bail in the event of her arrest in the above said crime
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Bail Appl..No.2797 of 2019
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 concerned, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to
the following further conditions:
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/01.07.19
1 issue framed by the court
Whether pre-arrest bail can be granted to the petitioner in light of lack of criminal antecedents and nature of allegations.
2 provisions across 2 enactments
VACHAPRATH SABIRA
STATE OF KERALA
VALAPPATANAM SERVICE CO-OPERATIVE BANK
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
