Allowed

K.J.Bijimon v. State of Kerala

Kerala HC15 Dec 2021Bail Appl./5162/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail regarding a FCRA case involving creation of documents to defraud the complainant, the petitioner alleged that the dispute was settled and civil in nature, and the court granted bail subject to standard conditions.

What did the court decide?

Release on bail subject to execution of bond of Rs.50,000, appearance as summoned, non-interference with investigation, and no involvement in other crimes.

K.J.Bijimon Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2021)

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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 GOPINATH P.

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WEDNESDAY, THE 15TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943

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BAIL APPL. NO. 5162 OF 2021

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CRIME NO.5162/2021 OF VECHOOCHIRA POLICE STATION

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PETITIONER/1ST ACCUSED:

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K.J.BIJIMON, AGED 43 YEARS

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S/O.JANARDHANAN, KOLANCHIRA HOUSE, PONKUNNAM P.O.,
KUNNAM BHAGOM, CHIRAKKADAVU VILLAGE, KANJIRAPPALLY
TALUK, KOTTAYAM DISTRICT, KERALA.
BY ADVS.
LIJI.J.VADAKEDOM
REXY ELIZABETH THOMAS
RAJEEV JYOTHISH GEORGE

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2CIRCLE INSPECTOR OF POLICE
(STATION HOUSE OFFICER), VECHOOCHIRA POLICE STATION,
VECHOOCHIRA P.O., PATHANAMTHITTA DISTRICT, PIN -686
511.
3ADDL. R3. JOSEPH, KUZHIKKATTUPARAMBIL HOUSE, EDAKADATHI
P. O, ARAYANJILIMON, KOLLAMULA VILLAGE, VECHOOCHIRA,
PATHANAMTHITTA DISTRICT. PIN-686510.
(IS IMPLEADED AS PER ORDER DATED 12.08.2021 IN CRL. MA
NO-1/2021 IN BA NO. 5162/2021)
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
T.S.SARATH
R.RAJESH (VARKALA)
SAMEER M NAIR
SABIKH MOHAMMED V.S
GEETHU KRISHNAN
HARSHA SUSAN SAM

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SMT. SREEJA .V. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 5162 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.289/2021 of Vechoochira police station, alleging commission of offences under Sections 403, 405, 406 and 109 of the Indian Penal Code.

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The allegation against the petitioner, who is a building contractor, is that, he had taken on rent certain tools used in the construction industry from the de facto complainant in connection with a work, he had undertaken for the 2^nd accused and failed to return the tools to the de facto complainant.

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When this matter is taken up for consideration today, it is submitted by the learned counsel appearing for the petitioner and the learned counsel appearing for the de facto complainant that the entire dispute between the petitioner and the de facto complainant had been settled and that the petitioner has paid certain amounts to the de facto complainant in full and final settlement of the claims. It is submitted that there arose a dispute between the 1^st

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BAIL APPL. NO. 5162 OF 2021 3

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accused and 2^nd accused and the 2^nd accused had refused to release tools from the construction site and that the dispute between the petitioner and the de facto complainant arose only on account of the same. It is also submitted that at best the dispute between the parties is a civil dispute.

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Having regard to the facts noticed above, I am of the opinion that anticipatory bail can be granted to the petitioner subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.289/2021 of Vechoochira police Station subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.289/2021 of Vechoochira Police station as and when summoned to do so;

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BAIL APPL. NO. 5162 OF 2021 4

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.289/2021 of Vechoochira police station;

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(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.289/2021 of Vechoochira police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

K.J.Bijimon v. State of Kerala

Case brief

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K.J.Bijimon v. State of Kerala

Case brief

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