Anticipatory bail application by five accused in a cheating and criminal breach of trust case. After they surrendered and completed three days of interrogation as directed by an interim order, the court made the interim order absolute subject to conditions.
Interim order of pre-arrest bail dated 14.2.2024 made absolute subject to conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
BAIL APPL. NO. 845 OF 2024
CRIME NO.21/2024 OF THENHIPALAM POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.49 OF 2024
OF DISTRICT COURT& SESSIONS COURT,MANJERI
PETITIONERS/ACCUSED 1 TO 5:
1 NIKHIL KILIVAYAL AGED 35 YEARS S/O BALAKRISHNAN K., KILIVAYAL HOUSE, KOLAPPURAM, ABDURAHIMAN NAGAR, MALAPPURAM, PIN - 6763052 AMEER AHAMMED AGED 28 YEARS CHENNAMKANDI HOUSE, MOOZHIKKAL, CHELAVOOR P.O., KOZHIKODE,, PIN - 6735713 SIBI KILIVAYAL AGED 38 YEARSS/O BALAKRISHNAN K., KILIVAYAL HOUSE, KOLAPPURAM,
ABDURAHIMAN NAGAR, MALAPPURAM,, PIN - 676305
4 RAFEEQ AGED 41 YEARSS/O BASHEER, KALLINGAL HOUSE, ARIYALLOOR,
MALAPPURAM, PIN - 676312
5 MUHAMMED RAFEEK AGED 45 YEARSS/O KUNHIKOYAMU, ERUKULANGARA HOUSE, V.K. PADI,
ABDURAHIMAN NAGAR, TIRURANGADI, MALAPPURAM, PIN -
676306
BY ADV N.A.SHAFEEK
B.A.No.845 of 2024
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RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR PUBLIC PROECUTOR SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.845 of 2024
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Dated this the 6th day of March,2024
O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure,1973, for an order of prearrest bail.
B.A.No.845 of 2024
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interrogation.
Resultantly, the bail application is disposed of by making the interim order dated 14.2.2024 absolute, subject to the following conditions:
B.A.No.845 of 2024
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Officer directs;
B.A.No.845 of 2024
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the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
SD/-
C.S.DIAS,JUDGE
rmm/6/3.2024
1 issue framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted to the accused in Crime No.21/2024 for offences under Sections 420 and 406 IPC.
Colour shows how this judgement treated each authority
Sushila Aggarwal v. State (NCT of Delhi) and anotherRelied on
[2020 (1) KHC 663]
2 provisions across 2 enactments
Nikhil Kilivayal
Ameer Ahammed
Sibi Kilivayal
Rafeeq
Muhammed Rafeek
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court