Connected bail applications allowed granting petitioner appearance within ten days for interrogation and release on bond of Rs.50,000 each if arrest proposed.
Petitioners to appear for interrogation within 10 days; release on bail on Rs.50,000 bond with sureties if arrest proposed.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 3368 OF 2022
PETITIONER/S:
SIBY THOMAS, AGED 38 YEARS
AREEPLAVAN HOUSE, ELLUMPURAM KARA, MUTTOM, IDUKKI
DISTRICT., PIN - 685587
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..1830/2022, 4323/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 1830 OF 2022
PETITIONER/S:
SIBY THOMAS
AGED 38 YEARS
AREEPLAVAN HOUSE, ELLUMPURAM KARA, MUTTOM,
THODUPUZHA, PIN - 685584
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 4323 OF 2021
PETITIONER/S:
1 SIBY THOMAS,AGED 37 YEARS S/O.THOMAS, AGED 37 YEARS, AREEPLAVAN HOUSE, ELLUMPURAM KARA, MUTTOM P.O., MUTTOM, THODUPUZHA, IDUKKI DISTRICT - 685584.IDUKKI, PIN - 6855842 ASWATHYKUTTY.K.,AGED 32 YEARS D/O CHANDRABOSE K.S., AGED 32 YEARS, KIZHAKKETHURUTHIL HOUSE, MELUKAVU MATTOM KARA, MELUKAVU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT - 686652. KOTTAYAM, PIN - 686652 BY ADV LATHEESH SEBASTIANRESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 6820312 LIGIMOL, AGED 32 YEARS W/O ALBIN MATHEW, MOOKKANTHOTTATHIL HOUSE, CHILAVU P.O., KARIMANNOOR, THODUPUZHA, IDUKKI DISTRICT - 685588.3 ALBIN MATHEW,AGED 35 YEARS, S/O MATHEW, MOOKKANTHOTTATHIL HOUSE, CHILAVU P.O., KARIMANNOOR, THODUPUZHA, IDUKKI DISTRICT - 685588. BY ADV PUBLIC PROSECUTOROTHER PRESENT:
SMT.MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-4-
B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 3869 OF 2022
PETITIONER/S:
ASWATHYKUTTY, AGED 32 YEARS
DAUGHTER OF CHANDRABOSS, RESIDING
KIZHAKKETHURUTHIL HOUSE, MELUKAVU MATTOM P.O,
MENACHIL TALUK,KOTTAYAM DISTRICT, PIN - 696652
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-5-
B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 3881 OF 2022
PETITIONER/S:
ASWATHIKUTTY
AGED 32 YEARS
DAUGHTER OF CHANDRABOSS, RESIDING
KIZHAKKETHURUTHIL HOUSE, MELUKAVU MATTOM P.O,
MENACHIL TALUK,KOTTAYAM DISTRICT, PIN - 696652
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.MAYA M.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-6B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
P.V.KUNHIKRISHNAN, J.
B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022 ============================================================= Dated this the 4th day of July, 2023
ORDER
These bail applications are connected and therefore, I am
disposing of these bail applications by a common judgment.
Crime Nos. 568 of 2021, 455 of 2022, 10 of 2022, 734 of 2022 and 702 of 2022 of Thodupuzha police station. It is submitted that now the case is investigating by the Kanjur police station. All these cases are registered alleging offences punishable under Sections 420, 465, 468 and 471 IPC.
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
Prosecutor.
2022 onwards. It is submitted that the 1st petitioner in BA No.4323 of 2021 is already arrested and subsequently released on bail. The counsel for the petitioners submitted that he is not pressing the bail application of the 1st petitioner in BA No.4323 of 2021.
-8B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
870) , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial.
and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
of which they are accused, or suspected, of the commission of which they are suspected;
the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
APPENDIX OF BAIL APPL. 1830/2022
PETITIONER ANNEXURES
Annexure1 |
TRUE COPY OF THE FIR IN CRIMENO.10/2022 OF THODUPUZHA POLICE STATION |
|---|---|
Annexure2 |
TRUE COPY OF MONEY LENDING LICENCE OFTHE PETITIONER |
Annexure3 |
TRUE COPY OF THE COMMUNICATION DETAILSGIVEN BY THE WIFE OF THE DEFACTOCOMPLAINANT |
Annexure4 |
TRUE COPY OF THE LOAN APPLICATION DATED09.12.2019 |
Annexure5 |
TRUE COPY OF THE LOAN ACCOUNT STATEMENT |
Annexure6 |
TRUE COPY OF THE CHEQUE ISSUED BY THEWIFE OF THE DEFACTO COMPLAINANT DATED25.07.2020 |
Annexure7 |
TRUE COPY OF THE DISHONOUR MEMO |
Annexure8 |
TRUE COPY OF THE LAWYER NOTICE DATED18.08.2020 |
Annexure9 |
TRUE COPY OF THE ACKNOWLEDGEMENT CARD |
Annexure10 |
TRUE COPY OF THE COMPLAINT IN C.CNO.657/2020 OF CJM COURT, THODUPUZHA |
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
APPENDIX OF BAIL APPL. 3869/2022
PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE CITIZEN COPY OF FIR IN
CRIME NO. 734 /2022 OF THODUPUZHA
POLICE STATION
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
APPENDIX OF BAIL APPL. 3881/2022
PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE CITIZEN COPY OF FIR IN
CRIME NO. 702 /2022 OF THODUPUZHA
POLICE STATION
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
APPENDIX OF BAIL APPL. 3368/2022
PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE FIR IN CRIME NO.
455/2022 OF THODUPUZHA POLICE STATION
2 issues framed by the court
Whether the bail petitioners are entitled to bail in cases alleging offences under Sections 420, 465, 468 and 471 IPC.
Whether conditions can be framed to ensure cooperation with the investigation while granting bail as the rule.
Colour shows how this judgement treated each authority
Chidambaram P. v. Directorate of EnforcementExplained¶85
Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870)
1 provisions across 1 enactments
Siby Thomas
Aswathykutty.K.
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.V.Kunhikrishnan
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