Allowed

C.Damodaran v. State of Kerala

Kerala HC23 May 2019Bail Appl./2872/2019

Case brief

AI extract

What is this about?

High Court of Kerala allowed pre-arrest bail to four accused persons under Sections 4 and 5 of the Price Chits and Money Circulation Schemes (Banning) Act 1978, holding custodial interrogation unnecessary and finding no criminal antecedents.

What did the court decide?

Pre-arrest bail granted on ₹40,000 bond each with two solvent sureties, subject to conditions to report to IO and not influence witnesses.

C.Damodaran Vs State of Kerala — Cheque Dishonour | 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 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941

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Bail Appl..No. 2872 of 2019

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CRIME NO. 102/2019 OF Chandera Police Station , Kasargod

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PETITIONER/S/ACCUSED NOS. 1 TO 4:

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1 C.DAMODARAN AGED 65 YEARS S/O.RAMAN, OLAVARA, UDUMBUNTHALA P.O- 671311, TRIKARIPUR VILLAGE, KASARAGOD DISTRICT.

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2 A.V.PADMANABHAN, AGED 69 YEARS S/O.KUNHIKORAN, OLAVARA, UDUMBUNTHALA, SOUTH TRIKARIPUR, KASARAGOD DISTRICT.

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3 P.V.KUNHI KANNAN MASTER, AGED 72 YEARS S/O.KANNAN, MENOK HOUSE, ELAMBICHI P.O., SOUTH TRIKARIPUR, KASARAGOD DISTRICT.

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4 P.P.KUNHIHKANNAN, AGED 60 YEARS S/O.AMBADI, PEKKADAM HOUSE, TRIKARIPUR, KASARAGOD DISTRICT.

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BY ADVS. SRI.M.SASINDRAN SRI.P.K.SUBHASH

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RESPONDENT/S/COMPLAINANT/STATE:

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

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2 THE STATION HOUSE OFFICER, (CRIME NO.102 OF 2019, CHANDERA POLICE STATION), CHANDERA, KASARAGOD DISTRICT- 671121.

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2872 of 2019

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O R D E R

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The petitioners are accused in Crime No. 102 of

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2019 of Chandera Police Station, registered for the offences punishable under Sections 4 and 5 of the Price

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Chits and Money Circulation Schemes (Banning) Act 1978.

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The prosecution allegation can be briefly

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stated thus:

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The petitioners are the executive members of a temple committee. The committee conducted a chitty

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for the purpose of raising the funds of the temple.

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The petitioners have filed this application

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under Section 438 Cr.P.C.

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Bail Appl..No. 2872 of 2019

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioners have no criminal antecedent. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioners is not necessary in this case. That apart, there is no criminal antecedent against the petitioners. Therefore, I am inclined to grant pre-arrest bail to the petitioners.

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In the result, this application stands allowed and the respondents are directed to release the petitioners on bail in the event of their arrest in the above said crime, on condition of each of the petitioners executing a bond for Rs.40,000/- (Rupees Forty Thousand only) each, with two solvent sureties each, each for the like sum to the

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Bail Appl..No. 2872 of 2019

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satisfaction of the second respondent, before whom the petitioners shall surrender within ten days, if not arrested

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in the meantime and subject to the following further conditions:

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

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(ii) The petitioners 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/23.05.2019

C.Damodaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.Damodaran v. State of Kerala

Case brief

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What did the court decide?

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