Bail application by two accused accused of forgery and theft of customs seal quashed. Court allowed bail on bond with conditions for report appearance and non-interference.
Bail allowed on executing bond of Rs.40,000 each with two sureties; accused required to appear before IO within ten days for interrogation and cooperate with investigation.
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 SUNIL THOMAS
MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940
Bail Appl..No. 308 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 15/2019 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM
CRIME NO. 1635/2018 OF Harbour Police Station , Ernakulam
PETITIONER/S:
1 JOAKIM YESUDASAN
AGED 24 YEARS S/O M.J.YESUDASAN, MANIYAPOZHYIL HOUSE, ANDHAKARANAZHY P.O., CHERTHALA, ALAPPUZHA.
2 ANTONY SIJO AGED 23 YEARS S/O JOHNSON, VELPARAMBIL HOSUE, KADEBAGHAM ROAD, PALLURUTHY, COCHIN.
BY ADV. SMT.AMRIN FATHIMA
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER, HARBOUR POLICE STATION, ERNAKULAM-682031 (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).
OTHER PRESENT:
SRI.AJITH MURALI-PP
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 1.02.2019, THE COURT ON 11/2/2019 PASSED THE FOLLOWING:
BA NO. 308/2019
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O R D E R
Petitioners are accused in Crime No.1635/2018 of Harbour police station for offences punishable under sections 379,468,471,447 and 34 IPC.
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innocent of the crime and the custodial interrogation is not essential.
(i). Petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of Rs.40,000/(Rupees forty thousand only) with two sureties for the like sum each.
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ii). They shall appear before the Investigating Officer as and when called for and co-operate with the investigation, which includes furnishing of specimen signature and handwriting of the petitioners, if required for the purpose of investigation.
(iii). They shall not threaten, coerce or intimidate the defacto complainant and witnesses.
iv). They shall not get involved in any other offence.
Sd/-
SUNIL THOMAS
JUDGE
dpk
2 issues framed by the court
Whether bail is liable to be granted to accused facing charges of forgery and cheating when forensic opinion is pending.
Whether custodial interrogation is essential in the absence of criminal antecedents and with detailed preliminary enquiry conducted.
1 provisions across 1 enactments
Joakim Yesudasam
Antony Sijo
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
