Bail application filed by two accused persons in a theft case involving vehicle fraud and hawala money. The court granted bail after noting lack of criminal antecedents and considerable progress in investigation, subject to standard conditions.
Released on bail with a bond of Rs. 1,00,000/- each with two solvent sureties for the like sum.
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 MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
BAIL APPL. NO. 5703 OF 2021
PETITIONERS/ACCUSED:
S/O. PREMAN, NALAKATHU HOUSE, PAVARATTY, THAMARAPPULLY, CHAVAKKAD VILLAGE, THRISSUR DISTRICT.
2 VIBEESH, S/O. KANNAN, AGED 21 YEARS, KOZHIKODE MEDICAL COLLEGE, UMMALATHUR, VELLIPPARAMBU, CHEVAYOOR VILLAGE, KOZHIKODE DISTRICT.
BY ADV R.RANJITH (MANJERI)
RESPONDENTS/STATE&COMPLAINANT:
2 THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT, PIN-683 111
MANU.P.G- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5703 OF 2021
2
ORDER
Application for regular bail.
Petitioners are accused Nos.2 and 3 in Crime No.526/2021 of Nedumbassery Police Station, registered for the offences punishable under Sections 465, 471 and 399 of the Indian Penal Code.
others fled away from the spot on seeing the police party and thereby the crime has been registered for the said sections.
they are totally innocent of the allegations levelled against them.
BAIL APPL. NO. 5703 OF 2021
3
They had never made any preparation to commit theft of hawala money as alleged by the prosecution. But they were apprehended by the Sub Inspector of Police, Nedumbassery Police Station on some misunderstanding and in fact they are undergoing
unnecessary incarceration.
4
BAIL APPL. NO. 5703 OF 2021
(i) The petitioners shall be released on bail on their executing bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) They shall appear before Investigating Officer for interrogation as and when required by him, in writing.
(iii) 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) They shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned
Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
mpm
1 issue framed by the court
Whether the petitioners accused in offences under Sections 465, 471 and 399 IPC be granted bail.
1 provisions across 1 enactments
ANSHIF
VIBEESH
THE STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
