The High Court of Kerala granted pre-arrest bail to the petitioner accused of cheating under Sections 420 CrPC, considering his innocence allegation and lack of criminal record, subject to standard bail conditions.
The petitioner was released on bail by executing a bond for Rs.50,000/- with two solvent sureties for each.
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.
FRIDAY, THE 3RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943
BAIL APPL. NO. 6704 OF 2021
CRIME NO.1784 OF 2020 OF ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT
PETITIONER/REPORTED TO BE AN ACCUSED:
HASEER AGED 55 YEARS S/O.SYED MUHAMMED, KALLUMADA PARAMBIL HOUSE, KUNNUKARA, ERNAKULAM DISTRICT - 683 578.
BY ADVS. P.MOHAMED SABAH SAIPOOJA
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT, PIN - 691 601.
SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6704 OF 2021
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ORDER
Apprehending arrest in connection with Crime No.1784/2020 of Anchalummoodu Police Station, Kollam District registered for the offences punishable under Sections 420 r/w 34 of the Indian Penal Code, the petitioner/2nd accused has moved this application under Section 438 of the Code of Criminal Procedure.
he is totally innocent of the allegations levelled against him. But he apprehends arrest and hence this application.
am inclined to grant pre-arrest bail to him as prayed for, subject to the following conditions:
BAIL APPL. NO. 6704 OF 2021
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(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of his arrest.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing. (iii) He shall co-operate with the investigation and trial of the case.
(iv) He 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.
(v) He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned
Magistrate/Judge is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V. JUDGE
mpm
1 issue framed by the court
Whether pre-arrest bail should be granted to an accused with no criminal antecedents apprehending arrest in a cheating case.
2 provisions across 2 enactments
Haseer
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
