Allowed

Sanu George .C v. State of Kerala

Kerala HC13 Nov 2023Bail Appl./8653/2023

Case brief

AI extract

What is this about?

Single judge order granting pre-arrest bail to the second accused in an FIR alleging cheating and forgery. The court converted an interim bail order into an absolute order with standard conditions.

What did the court decide?

The interim order dated 12/10/2023 was made absolute granting bail subject to conditions of appearance, non-interference with witnesses and evidence, and not leaving India.

Sanu George .C Vs State of Kerala — Cheating and Forgery | 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 MOHAMMED NIAS C.P.

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MONDAY, THE 13^TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945

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BAIL APPL. NO. 8653 OF 2023

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CRIME NO.395/2022 OF THRITHALA POLICE STATION, PALAKKAD

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PETITIONER/ACCUSED NO.2:

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SANU GEORGE .C AGED 52 YEARS, S/O.LATE C.L. GEORGE, CHERIYASSERIL HOUSE, ALISSERRY WARD POST, ALAPPUZHA, ALAPPUZHA DISTRICT, PRESENTLY WORKING AS SUB REGISTRAR, SUB REGISTRAR OFFICE, PONNANI, UROOB NAGAR, PONNANI BYPASS, PONNANI POST, MALAPPURAM DISTRICT, PIN – 679577

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BY ADVS. R.SREEHARI HAMZA A.V. VIGNESH S.

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RESPONDENTS/ STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER THRITHALA POLICE STATION, THRITHALA POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679534 3 THRITHALA SERVICE CO-OPERATIVE BANK LIMITED NO.P.593 HEAD OFFICE BUILDING, PONNANI ROAD, THRITHALA POST, PATTAMBI TALUK, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 679534 SRI. M.C. ASHI, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.8653/2023

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..2..

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MOHAMMED NIAS C.P., J.

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B.A.No. 8653/2023

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Dated this the 13^th day of November, 2023

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O R D E R

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This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

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The petitioner is the 2 nd accused in Crime No.395/2022 of Thrithala Police Station, Palakkad District, for having allegedly committed offences punishable under Section 420 of the Indian Penal Code.

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It is respectfully stated that originally the petitioner herein was not implicated as an accused in the above case. The above case was originally registered against Abdul Nasar, S/o.Saidalavi, Ayinikkattil House, Thacharamkunnu, Thrithala Post, Pattambi Taluk, Palakkad District, based upon a private complaint submitted by the 3rd respondent herein, before the Court of Judicial First Class Magistrate, Pattambi as C.M.P.No.2875/2022. Based on the directions given by the Court of Judicial First Class Magistrate, Pattambi, in the above case, the aforesaid

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B.A.No.8653/2023

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..3..

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Crime was registered by the 2nd respondent herein.

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I have considered the rival contentions.

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This Court had granted an interim order dated 12/10/2023, at

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the time of admission of this case, directing the petitioner to surrender before the Investigating Officer within a week from the date of the order subjecting himself to interrogation; that, after interrogation, in the event of arrest, the petitioner shall be released on bail upon their executing separate bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer and that, the said order shall be in force for four weeks.

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The learned counsel on either side submits that pursuant to the above order, the petitioner has appeared before the Investigating Officer as directed and has been released on bail.

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In such circumstances, I am inclined to pass an order making the earlier interim order absolute, subject to the following conditions:

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(i) The petitioner shall cooperate with the Investigating Officer and appear as and when directed by the Investigating Officer.

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(ii) The petitioner shall not intimidate or attempt to influence the

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B.A.No.8653/2023

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witnesses, tamper with any evidence, or get involved in similar offences while on bail.

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(iii) The petitioner shall not leave India without 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, if any, and pass appropriate orders in accordance with law.

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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APA

Sanu George .C v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sanu George .C v. State of Kerala

Case brief

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What did the court decide?

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