HC at Ernakulam granted pre-arrest bail to the first accused in a property fraud case. The court found the documents seized and noted no criminal antecedent, directing release on a bond of Rs. 35,000 with conditions.
Petitioner granted bail on Rs. 35,000 bond with two sureties; directed to surrender within ten days.
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
WEDNESDAY, THE 04TH DAY OF SEPTEMBER 2019 / 13TH BHADRA, 1941
Bail Appl..No.5217 OF 2019
CRIME NO.1386/2019 OF Kothamangalam Police Station, Ernakulam
PETITIONER/S:
PAILY MATHEW
AGED 55 YEARS
S/O. MAHTEW, NJATTUKALAYIL HOUSE, AYROORKARA, KOTTAPPADY, ERNAKULAM DISTRICT-686 692
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENT/S:
IS IMPLEADED AS PER THE ORDER DATED 5.8.2019 IN CRL.MA NO.1/2O19.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Case No. BA 5217/19
O R D E R
The petitioner is the first accused in Crime
No.1386 of 2019 of Kothamangalam Police Station
registered for the offences punishable under Sections 120B, 420, 465, 467, 468 and 471 read with Section 34 IPC.
follows:-
The informant, who is the third respondent herein, purchased the property of the petitioner. However, the survey number of the property was shown wrongly in the document. All the accused committed criminal conspiracy in showing the incorrect survey number in the document.
Case No. BA 5217/19
-3-
4. Heard
the petitioner is not involved in any other offence of similar
nature. It appears that the documents relating to the transaction were already seized by the Police. It further appears that no recovery is to be effected from the petitioner. In the said circumstances, the custodial interrogation of the petitioner is not necessary in this case.
That apart, the petitioner has no criminal antecedent. Therefore, I am inclined to grant pre-arrest bail to the petitioner.
In the result, this application stands allowed and respondent Nos.1 and 2 are directed to release the petitioner on bail in the event of his arrest in connection with the above crime on condition of the petitioner executing a bond
Case No. BA 5217/19
-4-
for Rs.35,000/-(Rupees thirty five thousand only), with
two solvent sureties, each for the like sum to the satisfaction of the 2nd respondent, before whom the petitioner shall surrender within ten working days, if not arrested in the meantime and subject to the following conditions:
(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.
(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
(iii) The petitioner shall not get involved in any other offence during the pendency of this case.
sd
B. SUDHEENDRA KUMAR, JUDGE .
dl/
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 Cr.P.C.
Paily Mathew
State of Kerala
Public Prosecutor
Station House Officer, Kothamangalam Police Station
Addl.R3 Viswanathan
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
