Allowed bail application under Section 438 CrPC. Held that custodial interrogation is not necessary as the car was seized immediately. Directed appearance for interrogation and release on bail following those conditions.
Anticipatory bail granted to petitioner upon execution of bond for Rs.50,000/ - with two sureties and compliance with specified conditions.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941
Bail Appl..No.6092 OF 2019
CRIME NO.1446/2019 OF PALA POLICE STATION , KOTTAYAM
PETITIONER/S:
HARIS AGED 54 YEARS S/O.MUHAMMED, KOLLAMPARAMBIL HOUSE, NADACKAL.P.O,ERATTUPETTA, KOTTAYAM DIST-686121
BY ADVS. SRI.JUSTINE JACOB SRI.K.S.ARUN KUMAR SMT.AMRUTHA K P SMT.AMRUTHA P S
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
ADDL. N.VIJAYAKUMAR R2 AGED 50, S/O NARAYANAN, THEKKEDATHU HOUSE, VAZHAMATTAM BHAGOM, POOVARANI VILLAGE, POOVARANI PO, KOTTAYAM DIST-686577.
ADDL.R2 IS IMPLEADED AS PER THE ORDER DATED 20.9.2019 IN CRL.MA NO.1/2019 IN B.A.NO.6092/2019.
OTHER PRESENT:
SMT MAYA M.N PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6092 OF 2019
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ORDER
This application is filed under Section 438 of the Cr.P.C.
of 2019 of the Pala Police Station registered under Sections 406, 420 r/w. Section 34 of the IPC.
Bail Appl..No.6092 OF 2019
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1st accused and the informant.
prayer.
In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.
ii) He shall not directly or indirectly make any
Bail Appl..No.6092 OF 2019
..4..
inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii) He shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
Bka/14.10.2019
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused in a theft and cheating case.
Whether the circumstances of the case require further custody or judicial interrogation before arrest.
2 provisions across 2 enactments
Haris
State of Kerala
N.Vijayakumar
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
