Disposed

Mehta Bhargavbhai Kishorbhai, v. State of Kerala

Kerala HC13 Feb 2024Bail Appl./10939/2023

Case brief

AI extract

What is this about?

Pre-arrest bail application by accused nos.3 and 4 in a cheating and criminal breach of trust case. Having already surrendered and undergone interrogation pursuant to an interim order, the interim protection was made absolute subject to conditions.

What did the court decide?

Interim pre-arrest bail made absolute subject to conditions including co-operation with investigation and no travel abroad without court permission.

Mehta Bhargavbhai Kishorbhai, Vs State of Kerala — Cheating and Forgery | Kerala HC (2024)

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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 C.S.DIAS

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TUESDAY, THE 13^TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945

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BAIL APPL. NO. 10939 OF 2023

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CRIME NO.590/2023 OF North Paravur Police Station, Ernakulam

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PETITIONER/S:

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1 MEHTA BHARGAVBHAI KISHORBHAI,AGED 38 YEARS, S/O MEHTA KISHORBHAI, PLOT NO.33/F, MARUTI NANDAN TOWNSHIP, AKHLOL, JAKATNAKA,BHAVNAGAR, GUJARAT, PIN - 364004

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2 DAVE VAISHALIBEN SACHINBHAI,AGED 40 YEARS W/O SACHINBHAI, JUNI PATEL SHERI,SANGHAVI CHOWK, RAJULA, AMRELI, GUJARAT, PIN - 365560

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BY ADV L.RAJESH NARAYAN

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RESPONDENT/S:

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1 STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, NORTH PARUR POLICE STATION, ERNAKULAM RURAL DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 SUNIL MURLIDHAR BHAGAT, (SOUGHT TO BE IMPLEADED) S/O.MURLIDHAR MADHOWDAS BHAGAT, FLAT NO: 8, KHIMIYA KUNJ, PLOT NO:42/A, SION WEST, SCHEME NO:6, NEAR SION CIRCLE, MUMBAI-22, TEMPORARILY RESIDING AT "PARTH", MANNAM KARA, MANNAM P.O., KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT - 683520 (SOUGHT TO BE IMPLEADED)

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BY ADVS. M.G.JEEVAN SANIYA JOSE MAMPILLY

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OTHER PRESENT:

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PP SMT NIMA JACOB

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 10939 OF 2023

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O R D E R

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The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

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The petitioners are the accused nos.3 and 4 in Crime No.590/2023 of North Paravur Police Station, Ernakulam, registered against them for allegedly committing the offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code, 1860.

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When the bail application came up for consideration on 24.01.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within seven days from the date of order and subject themselves for interrogation.

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Heard; Sri. Rajesh Narayan, the learned counsel

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appearing for the petitioners and Smt.Nima Jacob, the learned Senior Public Prosecutor.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 24.01.2024 passed by this Court, the petitioners have subjected

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BAIL APPL. NO. 10939 OF 2023

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themselves to interrogation. The petitioners' further presence is not required. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

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Resultantly, the bail application is disposed of by making the interim order dated 24.01.2024 absolute, subject to the following conditions:

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(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;

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(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

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(iii) The petitioners shall not get involved in any other offence while on bail.

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(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;

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(v) In case of violation of any of the conditions above, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in

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BAIL APPL. NO. 10939 OF 2023

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accordance with law.

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(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.

Sd/-

C.S.DIAS,JUDGE

Rkc/13.02.24

BAIL APPL. NO. 10939 OF 2023

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APPENDIX OF BAIL APPL. 10939/2023

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE FIR NO.590/2023 DATED 29.6.2023 OF THE NORTH PARUR POLICE STATION

Mehta Bhargavbhai Kishorbhai, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mehta Bhargavbhai Kishorbhai, v. State of Kerala

Case brief

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What did the court decide?

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