Allowed

Pratheesh Kumar v. State of Kerala

Kerala HC9 Sept 2020Bail Appl./4082/2020

Case brief

AI extract

What is this about?

In batch bail applications concerning accusations of cheating via unauthorised chitty formation, the court allowed anticipatory bail, finding that custodial interrogation was unnecessary for documentary evidence and applicants were willing to cooperate.

What did the court decide?

Anticipatory bail granted subject to surrender within two weeks, appearance at police station on Mondays, cooperation with investigation, and execution of bonds with sureties.

Pratheesh Kumar Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

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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 ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4082 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 1914/2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA

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CRIME NO.547/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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PRATHEESH KUMAR AGED 43 YEARS S/O. K.P. NARAYANAN NAIR, KOCHUVEEDU, MANATHARA P.O., THALAVADY, EDATHUA, ALAPPUZHA. 689573

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BY ADV. SRI.B.PRAMOD

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RESPONDENT/S:

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

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2 SREEKALA S. NAIR, CHAITHRAM, KUNTHIRIKKAL MURI, THALAVADI VILLAGE, EDATHUA, ALAPPUZHA-689573.

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R BY ADV. SRI.P.GANESAN

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OTHER PRESENT:

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH Bail Appl..4083/2020, Bail Appl..4094/2020, Bail Appl..4433/2020, Bail Appl..4519/2020, Bail Appl..4520/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4082 of 2020

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& Con.cases 2020 2

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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 ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4083 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 1919/2020 DATED 23-06-2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA

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CRIME NO.548/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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PRATHEESH KUMAR AGED 42 YEARS S/O.K.P.NARAYANAN NAIR, KOCHUVEEDU MANATHARA P.O., THALAVADY, EDATHUA, ALAPPUZHA, PIN - 689 573. 689573

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BY ADV. SRI.B.PRAMOD

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RESPONDENT/S:

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

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2 GOPALAKRISHNA PILLAI NADUVILEPARAMBIL HOUSE, KUNTHIRIKKAL MURI, THALAVADY VILLAGE, EDATHUA, ALAPPUZHA 689573 R2 BY ADV. SRI.P.U.SHAILAJAN R2 BY ADV. SRI.P.GANESAN

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OTHER PRESENT:

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH Bail Appl..4082/2020, Bail Appl..4094/2020, Bail Appl..4433/2020, Bail Appl..4519/2020, Bail Appl..4520/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4082 of 2020

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& Con.cases 2020 3

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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 ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4094 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 1922/2020 DATED 23-06-2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA

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CRIME NO.549/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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PRATHEESH KUMAR K.P. AGED 42 YEARS

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S/O. K.P. NARAYANAN NAIR, KOCHUVEEDU MANATHARA P.O., THALAVADY, EDATHUA, ALAPPUZHA. 689573

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BY ADV. SRI.B.PRAMOD

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RESPONDENT/S:

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

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2 INDIRADEVI K.S., VATTAMANA ILLAM, KAVUMBHAGOM P.O., THIRUVALLA, PATHANAMTHITTA-689101.

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH Bail Appl..4082/2020, Bail Appl..4083/2020, Bail Appl..4433/2020, Bail Appl..4519/2020, Bail Appl..4520/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4082 of 2020

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& Con.cases 2020 4

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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 ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4433 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 2054/2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA

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CRIME NO.549/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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SURESH AGED 53 YEARS S/O GOPINATHAN, THATTANGATTU HOUSE, THALAVADY P.O, EDATHUA ALAPPUZHA, PIN - 689 573. 689573

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BY ADV. SRI.B.PRAMOD

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RESPONDENT/S:

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

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2 INDIRADEVI K.S. VATTAMAN ILLAM, KAVUMBHAGOM P.O., TIRUVALLA, PATHANAMTHITTA.

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH Bail Appl..4082/2020, Bail Appl..4083/2020, Bail Appl..4094/2020, Bail Appl..4519/2020, Bail Appl..4520/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4082 of 2020

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& Con.cases 2020 5

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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 ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4519 OF 2020

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CRIME NO.548/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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SURESH AGED 53 YEARS S/O GOPINATHAN, THATTANGATTU HOUSE, THALAVADY P.O, EDATHUA, ALAPPUZHA 689573

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BY ADVS. SRI.B.PRAMOD SMT.NAMITHA JYOTHISH

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RESPONDENT/S:

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1 PUBLIC PROSECUTOR HIGH COURT OF KERALA 682031

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2 GOPALAKRISHNA PILLAI AGED 62 YEARS GOPALAKRISHNA PILLAI, NADUVILEPARAMBIL HOUSE, KUNTHIRIKKAL MURI THALAVADY VILLAGE, EDATHUA, ALAPPUZHA 689573

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R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH Bail Appl..4082/2020, Bail Appl..4083/2020, Bail Appl..4094/2020, Bail Appl..4433/2020, Bail Appl..4520/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4082 of 2020

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& Con.cases 2020 6

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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 ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4520 OF 2020

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CRIME NO.547/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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SURESH AGED 53 YEARS S/O GOPINATHAN,THATTANGATTU HOUSE, THALAVADY P.O, EDATHUA, ALAPPUZHA 689573

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BY ADVS. SRI.B.PRAMOD SMT.NAMITHA JYOTHISH

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RESPONDENT/S:

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1 PUBLIC PROSECUTOR HIGH COURT OF KERALA 682031

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2 SREEKALA.S.NAIR AGED 42 YEARS CHAITHRAM,KUNTHIRIKKAL MURI, THALAVADY VILLAGE, EDATHUA, ALAPPUZHA 689573

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R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER SR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, ALONG WITH Bail Appl..4082/2020, Bail Appl..4083/2020, Bail Appl..4094/2020, Bail Appl..4433/2020, Bail Appl..4519/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4082 of 2020

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& Con.cases 2020 7

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COMMON ORDER

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[ Bail Appl..4082/2020, Bail Appl..4083/2020, Bail Appl..4094/2020, Bail Appl..4433/2020, Bail Appl..4519/2020, Bail Appl..4520/2020 ]

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Dated this the 9th day of September 2020

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Applications for anticipatory bail under Section 438 Cr.P.C.

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The applicant in B.A.Nos.4082, 4083 and 4094/2020 is the 3rd accused while the applicant in B.A. Nos.4433, 4519 and 4520/2020 is the 4th accused in three crimes of Edathua Police Station registered as Crime Nos.547, 548 and 549 of 2020, for offences punishable under Sections 406 and 420 read with section 34 I.P.C.

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The prosecution case, in brief, is that the applicants along with other accused totalling six in number hatched a conspiracy to cheat the public, started a school under the name Vedavyasa Vidhyapeedam and under the guise of collecting money for the upliftment of the facilitates provided by the school, they started Vidyalaya Vikasana Nidhi , which is actually a chitty without any licence or authority and collected huge sums of money from various persons whose children were studying in the school, and

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Bail Appl..No.4082 of 2020

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defrauded and cheated them and got unlawfully enriched by the amount so collected. The 3rd accused is the Secretary of the said trust and has been functioning as such from 25.10.2018. The 4th accused is a collection agent, who has been authorised to collect amounts from the parents of the students who are studying in the school. 1st accused is the President and 2nd accused is a Treasurer and the 5th accused is yet another collection agent. The applicants would contend that the chitty was being conducted since 2014 and that the 3rd accused joined as Secretary only in the year 2018 and continued to conduct chitty till 2019. It is stated that the 4th accused is only a collection agent and his duty is confined to collecting the amount decided by the trust and handing it over to the persons in charge. Therefore, the applicants would contend that they have not been personally enriched by the alleged act of the school and the trust. It is also submitted that the trust has landed properties, they failed to get recognition for the CBSE tenth standard. The primary classes do not require any specific recognition and that is still being continued in the school. Even if the amounts are due, it can be realised by bringing the properties belonging to the trust to sale and therefore there is no necessity for any custodial interrogation of the applicants. They

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are willing to co-operate with the investigation. The bail applications filed by the applicants before the Sessions Court were dismissed mainly for the reason that the documents are to be seized from them and that not all documents have been produced and even regarding the documents, which have been seized by the police are to be confronted to the applicants and they have to be interrogated on the basis of those documents.

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Admittedly, there is no authorised chitty for the transactions conducted by the trust and the whole transactions of collecting money appear to be illegal. However, it is pointed out that the de facto complainants and the persons who have invested, can realise the amount from the properties, but that also will not exonerate the office bearers from the liability and therefore the complicity of the applicants can be established. The only question that needs consideration, is whether they have to be subjected to custodial interrogation for the purpose of investigation. The applicants have a permanent place of abode. They are not likely to abscond, and there is no reason to believe that they may not co-operate with the investigation. The learned Public Prosecutor submits that the applicants were instrumental in cheating a number of people, and therefore, they have to be

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Bail Appl..No.4082 of 2020

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subjected to custodial interrogation, and the bail sought denied.

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I find that interrogation does not mean custodial interrogation alone. The entire transaction is based on documentary evidence and it is seen that no notice has yet been served on the applicants under Section 90 of the Cr.P.C. for production of documents. It is also not the case of the prosecution that the applicants have refused production of the documents. Certain documents have already been seized. For questioning the applicants on the basis of documents which were seized, custodial interrogation may not be necessary as long as they are willing to co-operate with the investigation. They do not have any other criminal antecedents, apart from these cases, pertaining to the management of the school. Therefore, I find that the applicants need not be incarcerated and they are entitled to anticipatory bail subject to certain conditions.

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In the result, the applications are allowed. Applicants are directed to surrender before the investigating officer within two weeks. After interrogation, in the event of they being arrested, they shall be released on bail on the execution of bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each, for the like amount to the satisfaction of the

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investigating officer in each of the cases and on following further conditions:

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(i) They shall appear before the investigating officer on all Mondays between 9 a.m. and 12 noon for a period of three months or until the filing of the final report, whichever is earlier.

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(ii) They shall subject themselves to interrogation by the investigating officer and produce all documents which have called upon by the investigating officer.

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(iii) They shall not also attempt to influence the witnesses or tamper with evidence and,

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(iv) They shall not get involved in any other similar crimes during the currency of the bail.

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In case of violation of any bail condition, the prosecution

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is at liberty to apply for cancellation of the bail before the jurisdictional court.

SD/-

ASHOK MENON

JUDGE

rmm

Pratheesh Kumar v. State of Kerala

Case brief

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What did the court decide?

Pratheesh Kumar v. State of Kerala

Case brief

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