The High Court of Kerala granted anticipatory bail to the accused alleging offences of cheating and criminal breach of trust. The court imposed conditions for surrender, investigation cooperation, and car recovery within two weeks.
Application allowed; directed to surrender within two weeks; to be released on bail on bond with sureties subject to 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 ASHOK MENON
WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942 Bail Appl..No.3732 OF 2020
CRIME NO.76/2020 OF CHELAKKARA POLICE STATION , THRISSUR
PETITIONER/ACCUSED:
RAJEEV, AGED 35 YEARS, S/O.KRISHNANKUTTY, VILAYATHUPARAMBIL HOUSE, PUTHUSSERY, CHERUTHURUTHY, THRISSUR DISTRICT, PIN-679531
BY ADVS. SRI.T.K.VIPINDAS SRI.K.M.MUHAMMED HUSSAIN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O.CHELAKKARA POLICE STATION, THRISSUR DISTRICT.
2 ADDL.R2 SREEJITH, S/O. DAMODRAN, ASARIPURA VEEDU, THONOORKARA, CHELAKKARA, THRISSUR DISTRICT, PIN-680586. IS IMPLEADED AS PER ORDER DATED 07.07.2020 IN CRL.M.A. NO.1/2020 R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.C.N.PRABHAKARAN - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 19th day of August, 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicant is the sole accused in Crime No.76 of 2020 of Chelakkara Police Station, Thrissur, for having allegedly committed offences punishable under Sections 406, 417 and 420 of the IPC. The prosecution case, in brief, is thus:
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recovered. He has to be subjected to interrogation and therefore, the application for anticipatory bail is not maintainable and has to be dismissed.
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that he has to appear and co-operate with the investigation for which he has to be interrogated. However, the applicant has no criminal antecedents and there is no possibility of his absconding. And particularly, considering the present pandemic situation, his incarceration may not be necessary as long as he is willing to cooperate with the investigation.
(i) He shall appear before the Investigating Officer on all Mondays between 9.00 AM and 12.00 PM for a period of two months, or until filing of the final report whichever is earlier.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
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In case of breach of any of the bail conditions, the
prosecution shall be at liberty to apply for cancellation of the bail.
The bail application is allowed.
Sd/-
ASHOK MENON JUDGE
NR/19/08/20
2 issues framed by the court
Whether anticipatory bail is maintainable despite allegations of absconding given the applicant has no criminal antecedents and is willing to cooperate with investigation.
Whether conditions can be imposed to ensure the applicant appears for interrogation and lends himself to the recovery of the impugned car.
1 provisions across 1 enactments
Rajeev
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
