Partly allowed

Vinil.v.C v. State of Kerala

Kerala HC3 Jul 2023Bail Appl./3094/2023

Case brief

AI extract

What is this about?

The petitioner, first accused in a fraud case involving the creation of false documents to obtain a bank loan, filed for anticipatory bail. Relying on the fact that the entire liability was cleared, the court discharged the request for arrest but granted bail subject to strict conditions surrender for interrogation and cooperation.

What did the court decide?

The bail application disposed of with conditions including surrender for interrogation within two weeks, release on bail thereafter upon executing a bond of Rs. 1,00,000/- with two sureties, and coope

Vinil.v.C Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.

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MONDAY, THE 3^RD DAY OF JULY 2023 / 12TH ASHADHA, 1945 BAIL APPL. NO. 3094 OF 2023

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CRIME NO.105/2023 OF CHELAKKARA POLICE STATION

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PETITIONER/ACCUSED:

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VINIL.V.C AGED 31 YEARS SON OF CHERU, VADAKKAN HOUSE, VENGANELLUR VILLAGE, DESOM AND POST, CHELAKKARA, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680586

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BY ADV B.SABITHA (DESOM)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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2 JOSE MATHEW S/O MATHEW, MALIYEKKAL HOUSE, KANJIRAPUZHA DESAM, POTTASSERY VILLAGE, PALAKKAD IS IMPLEADED AS R2 ASPER ORDER DATED 6/6/2023 IN CRL MA. 3/2023.

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BY ADVS. PUBLIC PROSECUTOR B.SABITHA (DESOM)

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OTHER PRESENT:

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SR PP SRREJA V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.07.2023, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 3094 OF 2023

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ORDER

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The petitioner is the first accused in crime No.105/2023 of Chelakkara Police Station, Thrissur, which was registered for the offences punishable under Sections 465, 468 and 471 r/w. Section 34 of IPC.

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The prosecution case is that the petitioner with the aid of other accused, created false documents in the name of defacto complainant and thereby persuaded the Catholic Syrian Bank, Chelakkara branch, to advance loan in the name of the defacto complainant and got the said amount released through the account of the petitioner. The defacto complainant came to know about the said transaction only when the notice of default in repaying the loan was served upon the defacto complainant. The crime was registered in such circumstances. As the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail was submitted.

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Heard Sri.B.Sabitha, learned counsel appearing for the petitioner and Smt. Sreeja V., learned Senior Public Prosecutor appearing for the respondent State.

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BAIL APPL. NO. 3094 OF 2023

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Learned counsel for the petitioner submits that the petitioner is innocent of all the allegations levelled against him. It is also pointed out that all the liabilities towards the bank in connection with the aforesaid transaction have been cleared and as of now, no amounts are due to the bank. The petitioner is ready and willing to cooperate with the investigation and shall abide by any condition that may be imposed by this Court. It is also pointed out that the third accused is granted bail by this Court vide order dated 09.05.2023 in B.A.No.3185/2023.

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The learned Public Prosecutor, on the other hand, opposes the said application by pointing out that there are allegations against the petitioner and the matter is under investigation.

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I have gone through the records. There are indeed certain allegations against the petitioner. But it is an undisputed fact that the entire liability towards the bank has already been cleared. In such circumstances, taking note of the nature of the allegations, I am of the view that the interest of justice will be served if the cooperation of the petitioner with the investigation is ensured. Since the amounts are already deposited, I do not find any necessity for custodial interrogation of the petitioner.

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BAIL APPL. NO. 3094 OF 2023

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Accordingly, this Bail Application is disposed of with the

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following conditions:

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i) The petitioner shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting himself to interrogation.

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ii) After interrogation, the petitioner shall be released on bail on the very same day of surrender upon the petitioner executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.

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iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.

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iv) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

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v) The petitioner shall appear before the Investigating Officer as and when required.

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vi) The petitioner shall not commit any offence of similar nature while on bail.

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BAIL APPL. NO. 3094 OF 2023

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vii) The petitioner shall not make any attempt to contact any

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of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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viii) The petitioner shall not leave India without the permission of the Jurisdictional Court.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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ZIYAD RAHMAN A.A.

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JUDGE

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shg/

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BAIL APPL. NO. 3094 OF 2023

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APPENDIX OF BAIL APPL. 3094/2023

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PETITIONER ANNEXURES

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Annexure 1 CERTIFIED COPY OF THE ORDER IN CRL.M.C NO. 290/2023 DATED 01.04.2023 IN CRIME NO. 105 OF 2023 OF CHELAKKARA POLICE STATION PASSED BY THE FIRST ADDITIONAL SESSIONS COURT THRISSUR

Vinil.v.C v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vinil.v.C v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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