Allowed

Vinod Kumar.v.M., v. State of Kerala

Kerala HC22 Mar 2019Bail Appl./806/2019

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail under Section 438 Cr.P.C. to the petitioner accused of cheating, forgery, and related offences arising from a cheque dispute. The court held custodial interrogation unnecessary due to the absence of criminal antecedents.

What did the court decide?

Petitioner granted anticipatory bail on Rs. 35,000 bond with two sureties, subject to reporting and non-interference conditions.

Vinod Kumar.v.M., 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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FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941

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Bail Appl..No. 806 of 2019

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CRIME NO. 287/2018 OF PANAMARAM POLICE STATION , Wayanad

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PETITIONER/S/1st ACCUSED:

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VINOD KUMAR.V.M., AGED 44 YEARS, (A1), S/O. APPUKKUTTAN NAIR, VADOTH VEEDU, NEERVARAM.P.O, PANAMARAM VILLAGE, WAYANAD DISTRICT.

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BY ADVS. SMT.HEMALATHA SRI.BINU GEORGE

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RESPONDENT/S/STATE:

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

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BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 806 of 2019

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O R D E R

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The petitioner is the accused in Crime No.257 of

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2018 of Panamaram Police Station, registered for the offences punishable under Sections 417, 420, 423, 465,

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468 and 471 read with Section 34 IPC.

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The prosecution allegation is that the

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petitioner availed a loan from the District Co-operative Bank, Panamaram Branch and towards the repayment

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of the said amount, the petitioner issued a cheque dated 21.04.2018 for Rs. 1,78,259/- (Rupees One Lakh Seventy Eight Thousand Two Hundred and Fifty Nine Only). It is alleged that the said cheque was the cheque

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of the deceased person.

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The petitioner has filed this application under

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Bail Appl..No. 806 of 2019

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Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioner is not involved in any other offence of similar nature. It appears that the cheque issued by

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the petitioner is before the bank. No recovery is to be

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effected in this case. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, there is no criminal antecedent against the petitioner. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case

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In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in

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Bail Appl..No. 806 of 2019

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the event of his arrest in connection with Crime No.287 of 2018 of Panamaram Police Station, on condition of the petitioner executing a bond for Rs.35,000/-(Rupees Thirty Five Thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Panamaram Police Station, before whom the petitioner shall surrender within ten days, if not arrested

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in the meantime and subject to the following conditions:

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(i) The petitioner shall report before the

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Investigating Officer on every Monday between 9.00 a.m. and 11.00 a.m. for three months and thereafter, as and when required

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by the Investigating Officer for interrogation.

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Bail Appl..No. 806 of 2019

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any other offence during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

JUDGE

RK/22.03.2019

//TRUE COPY//

PA TO JUDGE

Vinod Kumar.v.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vinod Kumar.v.M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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