Allowed

. P.S.Sasikumar v. State of Kerala

Kerala HC12 Aug 2022Bail Appl./2933/2022

Case brief

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What is this about?

High Court of Kerala granted anticipatory bail to the first petitioner accused in a cheating case involving property dispute. Bail allowed subject to conditions including surrender date, execution of bond, non-interference with investigation, and restraint from contacting victim or witnesses.

What did the court decide?

Anticipatory bail granted to 1st petitioner subject to conditions including surrender before investigating officer by 22.08.2022, execution of bond with sureties, and non-interference with investigati

. P.S.Sasikumar Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 VIJU ABRAHAM

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FRIDAY, THE 12^TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944

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BAIL APPL. NO. 2933 OF 2022

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CRIME NO.1714/2021 OF Palakkad Town South Police Station,

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Palakkad

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PETITIONER/ACCUSED:

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1 P.S.SASIKUMAR AGED 53 YEARS S/O.SIVAN NAIR, NO.F BUILTECK GREEN APARTMENT, MANNAPULIKAVU, NEAR COSMOPOLITAN CLUB PALAKKAD, PIN - 678013 2 C.V.BINDU AGED 48 YEARS W/O.P.S.SASIKUMAR, NO.F BUILTECK GREEN APARTMENT, MANNAPULIKAVU, NEAR COSMOPOLITAN CLUB PALAKKAD, PIN - 678013 BY ADV GEORGE ABRAHAM

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RESPONDENT/STATE:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 STATION HOUSE OFFICER PALAKKAD TOWN SOUTH POLICE STATION, KUNNATHURMEDU P.O., PALAKKAD, PIN - 678013 3 LEONS L.K CHIEF MANAGER, STATE BANK OF INDIA, RASMECC BRANCH, ENGLISH CHURCH ROAD, PALAKKAD, PIN – 678001 BY PUBLIC PROSECUTOR SRI. M.C. ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.2933 of 2022

: 2 :

VIJU ABRAHAM, J.

- - - - Dated this the 12^th day of August, 2022

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ORDER

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This is an application for anticipatory bail.

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The 1^st petitioner is the 3^rd accused in Crime No.1714/2021 of Palakkad Town South Police Station alleging commission of offences punishable under Sections 406, 415, 418, 421, 422 and 463 of Indian Penal Code. When the matter was taken up for consideration, the learned Public Prosecutor upon instructions submitted that the 2^nd petitioner is not made an accused in the above said crime and therefore, I am considering the bail application in respect of the 1^st petitioner alone.

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The prosecution allegation is that, the petitioner has purchased a flat from one Muhammed Zabud which is mortgaged to the defacto complainant bank and the said sale was without the knowledge of the defacto complainant.

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4 .The learned counsel for the petitioner submitted that the purchase was with the consent of the bank and that even going by the prosecution allegations, this is a dispute of a civil nature. It is further submitted that the whole amount due to the bank has been

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B.A. No.2933 of 2022

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: 3 :

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settled and the bank has issued a communication to that effect bearing No.ARMB/EKM/UM/359 dated 08.08.2022. It is also submitted that the petitioner has no other criminal antecedents.

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Heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the 1^st petitioner subject to conditions. In the result, this application is allowed. It is directed that the 1^st petitioner shall surrender before the investigating officer on 22.08.2022 at 11 am, and subject himself for interrogation on any day or days as directed by the investigating officer and in the event of arrest in Crime No.1714/2021 of Palakkad Town South Police Station, he shall be produced before the jurisdictional magistrate on the same day and shall be released on bail subject to the following conditions:-

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(i)The 1^st 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) The 1^st petitioner shall not attempt to contact the victim or the defacto complainant or interfere with the investigation or to influence or intimidate any

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B.A. No.2933 of 2022

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: 4 :

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witness in Crime No.1714/2021 of Palakkad Town South Police Station;

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(iii) The 1^st 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.1714/2021 of Palakkad Town South Police Station may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner , even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663)

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VIJU ABRAHAM JUDGE

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sm/

. P.S.Sasikumar v. State of Kerala

Case brief

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. P.S.Sasikumar v. State of Kerala

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