Disposed

M v. Eldho v State of Kerala

Kerala HC22 Feb 2021Bail Appl./9208/2020

Case brief

AI extract

What is this about?

Kurian Joseph passing order in Bail App.No.9208 of 2020, the court granted anticipatory bail to practitioners accused of misappropriating liquor bottles worth Rs.29,32,470/-, directing surrender within two weeks and issuing bond conditions.

What did the court decide?

Applicants directed to surrender within two weeks; if arrested, to be released on bail on executing bond of Rs.50,000 each with two sureties.

M v Eldho Vs State of Kerala — Cheque Dishonour | 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 ASHOK MENON

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MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

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Bail Appl.No.9208 OF 2020

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CRIME NO.663/2020 OF Kadavanthra Police Station , Ernakulam

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PETITIONER/S:

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1 M V ELDHO AGED 47 YEARS, MALPPAN HOUSE, THURUTHISSERY MEKKAD, ERNAKULAM – 683589.

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2 M S XAVIER SHYAM AGED 39 YEARS, MOOTHEDATH HOUSE, OCHANTHURUTH SCHOOL MUTTAM, VYPIN – 682508.

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BY ADV. SRI.M.B.SOORI

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RESPONDENT/S:

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STATE OF KERALA HIGH COURT OF KERALA ERNAKULAM – 682031.

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R1 BY SMT.V.SREEJA -PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.9208 OF 2020

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O R D E R

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Dated this the 22nd day of February 2021

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This is an application for anticipatory bail under Section 438 of Cr.P.C.

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The applicants are accused 2 and 3 in Crime

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No.663/2020 of Kadavanthra Police Station for having allegedly committed the offences punishable under Sections 409 and 420 read with Section 34 of the I.P.C.

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The prosecution case, in brief, is that the

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applicants in furtherance of common intention with other accused, who were all staff employed in FL-1 Retail Outlet No.7005 at Gandhinagar of the Kerala

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State Beverages (Manufacturing & Marketing) Corporation Ltd. misappropriated liquor bottles worth

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Rs.29,32,470/- and thereby cheated the Corporation and

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thus committed the offences.

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Bail Appl.No.9208 OF 2020

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The applicants state that the 1st accused is the shop-in-charge and the de facto complainant, who made the complaint, is the Warehouse Manager and as per the manual of the shortages in the stock, it is prescribed that persons in charge of the shop and the warehouse are responsible. Therefore, even though the de facto complainant is responsible and the responsibility cannot be made on the applicants alone, who are only the salesmen employed in the shop and they are not directly involved in the maintenance of the stock and the stock register. The applicants do not have any criminal antecedents also and they are willing to cooperate with the investigation, and therefore, seek pre-arrest bail.

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Heard the learned Counsel for the applicants and the learned Public Prosecutor.

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The learned Public Prosecutor submits that the

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investigation is at present progressing and it is based

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mainly on documentary evidence, which have been seized. The investigating officer has at present no

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Bail Appl.No.9208 OF 2020

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intention to arrest the applicants, and therefore, the apprehension of arrest mis misplaced.

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In the result, the bail application is disposed of with a direction to the applicants to surrender before the investigating officer within two weeks. In the

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event of their being arrested, after interrogation, the applicants shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount

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each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) They shall not influence or intimidate witnesses or tamper with evidence;

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(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

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(iii)During the bail period, they shall not get involved in any similar offences.

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Bail Appl.No.9208 OF 2020

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In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional

court.

Sd/-

ASHOK MENON

JUDGE

dkr

M v. Eldho v State of Kerala

Case brief

What is this about?

What did the court decide?

M v. Eldho v State of Kerala

Case brief

What is this about?

What did the court decide?

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