Three bail applications filed by accused persons facing charges under Sections 120B, 420 and 395 IPC were heard and dismissed, as the court deemed it unsafe to grant bail due to ongoing investigation and risk of witness tampering.
Bail applications were dismissed; petitioners were denied release.
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
THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941
Bail Appl..No.6188 OF 2019
AGAINST THE ORDER/JUDGMENT IN CMP 5084/2019 DATED 20-082019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA
CRIME NO.1462/2019 OF Mavelikkara Police Station , Alappuzha
PETITIONER/S:
BENNY CHACKO, AGED 50 YEARS S/O. CHAKO CHACKO, VEZHAMBASSERIL HOUSE, ELAMKULAM VILLAGE, VANCHIMALA P.O., KOTTAYAM.
BY ADV. SMT.VIJAYAKUMARI
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY STATION HOUSE OFFICER, MAVELIKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
OTHER PRESENT:
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.09.2019, ALONG WITH Bail Appl..6529/2019, Bail Appl..6542/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.6188, 6529 and 6542 OF 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941
Bail Appl..No.6529 OF 2019
AGAINST THE ORDER/JUDGMENT IN CMP 5301/2019 DATED 26-082019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA
CRIME NO.1462/2019 OF Mavelikkara Police Station , Alappuzha
PETITIONER/S:
SHAFEEK AGED 36 YEARS S/O.ISMAIL, SFURA MANZIL, KALLYAD, IRIKKOOR, KANNOOR.
BY ADV. SRI.P.R.HARIKUMAR
RESPONDENT/S:
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.09.2019, ALONG WITH Bail Appl..6188/2019, Bail Appl..6542/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.6188, 6529 and 6542 OF 2019
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941
Bail Appl..No.6542 OF 2019
CRIME NO.1462/2019 OF Mavelikkara Police Station , Alappuzha
PETITIONER/S:
RATHNAVATHY
AGED 36 YEARS W/O.JAYAKUMAR, KUNNATHU PADMALAYAM, VARANAD.P.O., KOKOTHAMANGALAM, CHERTHALA.
BY ADV. SRI.P.R.HARIKUMAR
RESPONDENT/S:
2 INSPECTOR, SHO, MAVELIKARA-690101.
OTHER PRESENT:
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.09.2019, ALONG WITH Bail Appl..6188/2019, Bail Appl..6529/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.6188, 6529 and 6542 OF 2019
-4-
ORDER
The petitioners are accused Nos.2,6 and
7 in Crime No.1462/2019 of Mavelikkara Police Station registered for the offences punishable under Sections 120B, 420 and 395 IPC.
2. The prosecution allegation can be briefly stated thus:-
On 9.8.2019 at about 7.30 a.m., the
petitioners and the other accused in furtherance of their common intention, committed criminal conspiracy and promised
the informant that they would give counterfeit notes for Rs.25 lakh and thus enticed the informant to come to the place of
Bail Appl..Nos.6188, 6529 and 6542 OF 2019
occurrence with Rs.12 lakh. When the
informant reached the place of occurrence, the accused robbed the above said amount of Rs.12 lakh from the informant.
3. The petitioners were arrested on
10.08.2019.
4. Heard
5. The learned Public Prosecutor has
opposed the application.
6. It appears that the investigation is only progressing. Therefore, if the petitioners are released on bail at this
stage, there is likelihood that the
petitioners will intimidate and influence the witnesses and thereby tamper with the investigation. The chance for repeating
Bail Appl..Nos.6188, 6529 and 6542 OF 2019
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similar offences cannot be also ruled out at
this stage.
7. Considering the nature and
gravity of the offences alleged against the petitioners and the stage of investigation,
I am of the view that it is not safe to release to the petitioners on bail at this stage.
In the result, these applications
stand dismissed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
BENNY CHACKO
SHAFEEK
RATHNAVATHY
STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
