High Court allowed pre-arrest bail application filed by a third accused in a cheating case involving property release from a bank. Court observed custodial interrogation unnecessary.
Petitioner to be enlarged on bail upon arrest in the impugned crime.
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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.2806 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 688/2019 of DISTRICT COURT & SESSIONS COURT,THALASSERY DATED 06-04-2019
CRIME NO.252/2019 OF Valappatanam Police Station , Kannur
PETITIONER/3RD ACCUSED:
NASIYATH VACHAPRATH, AGED 49 YEARS W/O.MUHAMMED ASHRAF M., SHANAS, 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.
2 B.T. MANZOOR, PRESIDENT IN CHARGE, VALAPPATANAM CO-OPERATIVE BANK, VALAPATTANAM PO, KANNUR DISTRICT. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 14.06.2019 IN CRL.MA NO.1/2019 IN BA-2806/2019.
BY ADV. SRI.K.RAJESH SUKUMARAN SRI.C.S.HRITHWIK,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.2806 of 2019
O R D E R
The petitioner is the 3rd accused in Crime No.252/2019 of Valapattanam Police Station, registered for the offences punishable under Sections 406, 409 and 420 read with Section 34 IPC.
security documents deposited with the Society were released before clearing the debt due to the Society.
The above crime relates to the offence allegedly committed on 15.02.2014. It is alleged that the petitioner purchased the property, after releasing the documents from the bank.
Section 438 Cr.P.C.
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Bail Appl..No.2806 of 2019
that the petitioner has no criminal antecedent. It appears that the petitioner is a lady aged 49 years. It further appears that the only allegation against the petitioner is that the petitioner purchased the property, which was earlier mortgaged with the Society. It also appears that the petitioner purchased the property only after executing the release deed by the Society. Considering the facts and circumstances of the case, 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.2806 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 should be granted to the petitioner who is the third accused in a cheating case.
Nasiyath Vachapraath
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
