Allowed

Sumitha @ Sumi, v. State of Kerala

Kerala HC19 Dec 2019Bail Appl./8813/2019

Case brief

AI extract

What is this about?

Hon'ble Justice Raja Vijayaraghavan V granted anticipatory bail to Sumitha and Esther, accused as 3rd and 4th accused in multiple chit fraud cases. The court held that as office assistants with no direct role in the alleged fraud, stringent conditions were sufficient to safeguard prosecution interests.

What did the court decide?

Agreement to grant order of pre-arrest bail subject to appearance before Investigating Officer and execution of Rs.50,000 bond with sureties.

Sumitha @ Sumi, Vs State of Kerala — Bail and Remand | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶5

Bail Appl..No.8811 OF 2019

¶6

CRIME NO.516/2019 OF PEERMEDU POLICE STATION, IDUKKI

¶7

PETITIONERS/3RD AND 4TH ACCUSED:

¶8

1 SUMITHA @ SUMI AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶9

2 ESTHER W/O.DAVID AGED 33 YEARS KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK

¶10

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶11

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶12

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031

¶13

SRI B JAYASURYA SR PP

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl.No.8813/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

B.A. No.8811 of 2019 & Con.Cases. 2

¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶19

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶20

Bail Appl..No.8813 OF 2019

¶21

CRIME NO.517/2019 OF PEERMADU POLICE STATION , IDUKKI

¶22

PETITIONERS/3RD AND 4TH ACCUSED:

¶23

1 SUMITHA @ SUMI, AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶24

2 ESTHER, AGED 33 YEARS W/O.DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK.

¶25

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶26

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶27

STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

¶28

SRI. B. JAYASURYA SR.PUBLIC PROSECUTOR

¶29

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl.No.8811/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶30

B.A. No.8811 of 2019 & Con.Cases. 3

¶31

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

¶33

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶34

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶35

Bail Appl..No.8814 OF 2019

¶36

CRIME NO.512/2019 OF PEERMADU POLICE STATION , IDUKKI

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PETITIONERS/3RD AND 4TH ACCUSED:

¶38

1 SUMITHA @ SUMI AGED 38 YEARS W/O. PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶39

2 ESTHER, AGED 33 YEARS W/O. DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK.

¶40

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶41

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

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STATE OF KERALA

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REPRESENTED BY SUB-INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682 031

¶44

SRI. AJITH MURALI, PUBLIC PROSECUTOR

¶45

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶46

B.A. No.8811 of 2019 & Con.Cases. 4

¶47

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶48

PRESENT

¶49

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶50

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶51

Bail Appl..No.8816 OF 2019

¶52

CRIME NO.518/2019 OF PEERMADU POLICE STATION , IDUKKI

¶53

PETITIONERS/3RD AND 4TH ACCUSED:

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1 SUMITHA @ SUMI, AGED 38 YEARS W/O. PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, EERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶55

2 ESTER AGED 33 YEARS

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W/O. DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FILED ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK.

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BY ADV. SRI.M.V.RAJENDRAN NAIR

¶58

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶59

STATE OF KERALA

¶60

REPRESENTED BY SUB INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA 682 031

¶61

SRI.AJITH MURALI,PUBLIC PROSECUTOR

¶62

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶63

B.A. No.8811 of 2019 & Con.Cases. 5

¶64

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶65

PRESENT

¶66

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶67

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶68

Bail Appl..No.8817 OF 2019

¶69

CRIME NO.514/2019 OF PEERMADU POLICE STATION , IDUKKI

¶70

PETITIONERS/3RD AND 4TH ACCUSED:

¶71

1 SUMITHA @ SUMI, AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶72

2 ESTHER, AGED 33 YEARS

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W/O.DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK.

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BY ADV. SRI.M.V.RAJENDRAN NAIR

¶75

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

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STATE OF KERALA

¶77

REPRESENTED BY SUB-INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.

¶78

SRI. B. JAYASURYA SR.PUBLIC PROSECUTOR

¶79

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶80

B.A. No.8811 of 2019 & Con.Cases. 6

¶81

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶82

PRESENT

¶83

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶84

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶85

Bail Appl..No.8819 OF 2019

¶86

CRIME NO.515/2019 OF PEERMADU POLICE STATION , IDUKKI

¶87

PETITIONERS/3RD AND 4TH ACCUSED:

¶88

1 SUMITHA @ SUMI AGED 38 YEARS W/O.PRAMOD MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT

¶89

2 ESTHER AGED 33 YEARS KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK

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BY ADV. SRI.M.V.RAJENDRAN NAIR

¶91

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶92

STATE OF KERALA

¶93

REPRESENTED BY SUB-INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT -682031

¶94

SRI. B. JAYASURYA SR.PUBLIC PROSECUTOR

¶95

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶96

B.A. No.8811 of 2019 & Con.Cases. 7

¶97

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶98

PRESENT

¶99

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶100

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶101

Bail Appl..No.8821 OF 2019

¶102

CRIME NO.513/2019 OF PEERMEDU POLICE STATION , IDUKKI

¶103

PETITIONERS/3RD AND 4TH ACCUSED:

¶104

1 SUMITHA @ SUMI AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶105

2 ESTHER, AGED 33 YEARS

¶106

W/O.DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK.

¶107

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶108

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶109

STATE OF KERALA

¶110

REPRESENTED BY SUB-INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.

¶111

SRI. B. JAYASURYA SR.PUBLIC PROSECUTOR

¶112

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶113

B.A. No.8811 of 2019 & Con.Cases. 8

¶114

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶115

PRESENT

¶116

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶117

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶118

Bail Appl..No.8822 OF 2019

¶119

CRIME NO.525/2019 OF PEERMEDU POLICE STATION , IDUKKI

¶120

PETITIONERS/3RD AND 4TH ACCUSED:

¶121

1 SUMITHA @ SUMI AGED 38 YEARS W/O PRAMOD,MELEVEETTIL HOUSE, PLASANAL HOUSE,THALAPPALAM KARA, ERATTUPETTA VILLAGE,KOTTAYAM DISTRICT.

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2 ESTER, AGED 33 YEARS

¶123

W/O DAVID,KANNA HOUSE,BONNAMI PUTHUVAL,FAIR FIELD ESTATE,ELAPPARA VILLAGE,PEERMADE TALUK.

¶124

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶125

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶126

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.

¶127

SRI.AJITH MURALI, PUBLIC PROSECUTOR

¶128

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶129

B.A. No.8811 of 2019 & Con.Cases. 9

¶130

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶131

PRESENT

¶132

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶133

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶134

Bail Appl..No.8823 OF 2019

¶135

CRIME NO.527/2019 OF PEERMEDU POLICE STATION , IDUKKI

¶136

PETITIONERS/3RD AND 4TH ACCUSED:

¶137

1 SUMITHA @ SUMI AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶138

2 ESTHER W/O. DAVID AGED 33 YEARS KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK

¶139

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶140

RESPONDENT/COUNTER PETITIONER/COMPLAINANT:

¶141

STATE OF KERALA

¶142

REPRESENTED BY SUB - INSPECTOR OF POLICE, PEERMADE POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031

¶143

SRI. B. JAYASURYA SR.PUBLIC PROSECUTOR

¶144

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶145

B.A. No.8811 of 2019 & Con.Cases. 10

¶146

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶147

PRESENT

¶148

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶149

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶150

Bail Appl..No.8905 OF 2019

¶151

CRIME NO.526/2019 OF PEERMEDU POLICE STATION , IDUKKI

¶152

PETITIONERS/3RD AND 4TH ACCUSED:

¶153

1 SUMITHA @ SUMI, AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DIST.

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2 EASTHER, AGED 33 YEARS W/O.DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMEDU TALUK, IDUKKI DIST.

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BY ADV. SRI.M.V.RAJENDRAN NAIR

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RESPONDENT/COMPLAINANT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682 031.

¶158

SRI. B. JAYASURYA SR.PUBLIC PROSECUTOR

¶159

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶160

B.A. No.8811 of 2019 & Con.Cases. 11

¶161

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶162

PRESENT

¶163

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶164

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

¶165

Bail Appl..No.8918 OF 2019

¶166

CRIME NO.528/2019 OF PEERMEDU POLICE STATION , IDUKKI

¶167

PETITIONERS/3RD AND 4TH ACCUSED:

¶168

1 SUMITHA @ SUMI, AGED 38 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, PLASANAL, THALAPPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT.

¶169

2 ESTHER, AGED 33 YEARS

¶170

W/O.DAVID, KANNA HOUSE, BONAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMEDU TALUK, IDUKKI DISTRICT.

¶171

BY ADV. SRI.M.V.RAJENDRAN NAIR

¶172

RESPONDENT/COMPLAINANT:

¶173

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682031.

¶174

SHRI.AJITH MURALI, PUBLIC PROSECUTOR

¶175

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.12.2019, ALONG WITH Bail Appl..8811/2019 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶176

B.A. No.8811 of 2019 & Con.Cases. 12

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ORDER

¶178

These applications are filed under Section 438

¶179

of the Code of Criminal Procedure.

¶180

The applicants herein have been arrayed as accused Nos. 3 and 4 in Crime Nos.516, 517, 512, 518, 514, 515, 513, 525, 527, 526 and 528 of 2019 of Peermade Police Station, registered under Section 420 r/w Section 34 of the IPC.

¶181

From the prosecution records, it appears that about 17 separate complaints were filed by individuals alleging that they were persuaded by the accused to join a chit run by the Peermedu Taluk Tourism Promotion Sahakarana Sangam Limited No.6868 functioning at Elappara by making them to believe that it was a registered chit. They paid the subscription from the year 2016 to 2018. Later, the running of the chit was abruptly stopped by the accused. It is specifically alleged that the 1^st accused is the President of the Society and the 2^nd accused is the Secretary. As against accused Nos. 3

¶182

B.A. No.8811 of 2019 & Con.Cases. 13

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and 4, the applicants herein, it is alleged that they are the Manager and Accountant respectively of the Society.

¶184

Sri.M.V.Rajendran Nair,the learned counsel for the applicants submits that the applicants herein had nothing to do with the acts committed by accused Nos. 1 and 2. It is contended by the learned counsel that the applicants herein were appointed as Office Assistants by accused Nos.1 and 2 and they were working as such. Reliance is placed on Annexures A and B ID cards issued by the Society to the applicants. The learned counsel also submits that an amount of Rs.1,75,000/- and Rs.1,00,000/were received from these applicants respectively by accused Nos.1 and 2 being the security deposit for their jobs in the Society. In order to substantiate the said contention, reference is made to Annexures C to G. It is submitted that the entire activities of the Society were run by accused Nos. 1 and 2 and the applicants herein had no role to play. Being office staff, they have absolutely nothing to do with the fraud perpetrated by the principal accused

¶185

B.A. No.8811 of 2019 & Con.Cases. 14

¶186

is the submission.

¶187

The learned Public Prosecutor has opposed the prayer. It is submitted that by portraying that

¶188

the society was a Government entity, numerous persons were defrauded by the accused. It is submitted that the version of the applicants herein that they have not collected any amount cannot be accepted at this stage. Only by a detailed and an exhaustive investigation, the role played by the applicants would come to light.

¶189

I have considered the submissions

¶190

advanced and have perused the records.

¶191

President and the 2^nd accused is the Secretary of the Society. The prosecution alleges that the applicants herein were the Manager and Accountant respectively. There are records to show that they were appointed as Office Assistants. The applicants are ladies and there is no case for the prosecution

¶192

that they are in a position to abscond. Having regard to the role assigned to the applicants and the nature of accusations, I am of the view that by

¶193

B.A. No.8811 of 2019 & Con.Cases. 15

¶194

imposing stringent conditions to safe guard the interests of the Prosecution, they can be granted an order of pre arrest bail.

¶195

In the result, these applications will stand allowed. The applicants 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 in each of these cases on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. They may offer common sureties provided the sureties are solvent. The above order shall be subject to the following conditions:

¶196

i) The applicants 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.

¶197

ii) They shall not directly or indirectly make any 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.

¶198

B.A. No.8811 of 2019 & Con.Cases. 16

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iii) They shall not commit any similar offence while on bail.

¶200

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.

¶201

Sd/-

¶202

RAJA VIJAYARAGHAVAN V

¶203

JUDGE

¶204

pkk

Sumitha @ Sumi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sumitha @ Sumi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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