Disposed

Binu Paul v. State of Kerala

Kerala HC5 Feb 2024Bail Appl./133/2024

Case brief

AI extract

What is this about?

Pre-arrest bail application by accused 2, 5 and 6 in a cheating and forgery case; after the petitioners surrendered and completed interrogation pursuant to an interim order, the interim order was made absolute subject to conditions.

What did the court decide?

Interim order dated 17.01.2024 made absolute; petitioners granted pre-arrest bail subject to conditions including cooperation with investigation and not leaving India without permission.

Binu Paul Vs State of Kerala — Anticipatory Bail | 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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MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945

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BAIL APPL. NO. 133 OF 2024

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CRIME NO.456/2023 OF Kanjikuzhy Police Station, Idukki

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PETITIONERS/ACCUSED 2, 5 & 6:

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1
BINU PAUL
AGED 52 YEARS
S/O PAUL, KALLUMKAL HOUSE,
THALLAKANAM, KANJIKUZHI,
IDUKKI DISTRICT., PIN - 685606
2
JOSEPH MANI
AGED 51 YEARS
S/O MANI, PAINAPALLIYIL HOUSE,
PAZHAYARIKANDAM KANJIKUZHI,
IDUKKI DISTRICT., PIN - 685606
3
REJI,
AGED 47 YEARS
S/O BABU, VATTAPPALIYIL HOUSE,
PAZHAYARIKANDAM KANJIKUZHI,
IDUKKI DISTRICT, PIN - 685606

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BY ADVS.
SOJAN MICHEAL
ASWIN JOE PICHAPPILLY

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RESPONDENT/COMPLAINANT:

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

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BY SEETHA.S SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.133 of 2024

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-:2:-

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Dated this the 5^th day of February, 2024

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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 2, 5 and 6 in Crime No.456/2023 of Kanjikuzhy Police Station, Idukki, registered against the accused for allegedly committing the offences punishable under Sections 406, 420, 465, 468 and 471 r/w Section 34 of the Indian Penal Code.

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When the bail application came up for consideration on 17.01.2024, 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 to interrogation.

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B.A.No.133 of 2024

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-:3:-

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Heard; Sri. Sojan Micheal, the learned

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counsel appearing for the petitioners and Smt. Seetha.S., the learned Senior Public Prosecutor appearing for the respondent.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 17.01.2024 passed by this Court, the petitioners have subjected themselves to interrogation and their interrogation has completed. 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 17.01.2024 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

B.A.No.133 of 2024

-:4:-

Officer directs;

(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 mentioned 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 accordance with law.

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

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Sd/-

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C.S.DIAS,JUDGE

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mtk/ 05.02.24

Binu Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu Paul v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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