This court disposed of a bail application under Section 438 CrPC. The petitioner approached fearing arrest for alleged offences under Sections 406, 419, and 420 IPC. The prosecution stated investigation was nearly complete. Bail was granted subject to conditions.
Petitioner shall be released on bail on executing a bond for Rs.50,000 with two solvent sureties.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
BAIL APPL. NO. 7924 OF 2021
CRIME NO.1703 OF 2019 OF CANTONMENT POLICE STATION, TRIVANDRUM CITY
PETITIONER :-
REETHU BEN
AGED 73 YEARS
W/O. BEN, PARACKAL HOUSE,
14 A ASSET HOMES NORTH STAR,
EDAPPALLY TOLL, KOCHI – 682024.
BY ADV NAVEEN THOMAS
RESPONDENT/STATE :-
STATE OF KERALA
THROUGH STATION HOUSE OFFICER,
CANTONMENT POLICE STATION, TRIVANDRUM CITY,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682031.
BY SMT.SREEJA V, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7924 OF 2021
2
ORDER
Apprehending arrest in connection with Crime No.1703 of 2019 of Cantonment Police Station, Trivandrum city registered for the offences punishable under Sections 406, 419 and 420 of the Indian Penal Code, this petitioner has moved this application under Section 438 of the Code of Criminal Procedure.
Therefore, this bail application is disposed of subject to the following conditions :-
BAIL APPL. NO. 7924 OF 2021
3
(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) The petitioner shall not commit any offence while on bail.
(iii) The petitioner shall co-operate with the trial and investigation of the
case.
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
SMA
2 issues framed by the court
Whether bail can be granted to the petitioner apprehending arrest in a cheating case.
Whether the proposal of the prosecution for final disposal of the case influenced the decision.
1 provisions across 1 enactments
REETHU BEN
STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court