Kerala High Court
Hiran Das M.D vs State Of Kerala on 28 October, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
Bail Appl..No. 5987 of 2016 ()
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CRIME NO. 1075/2016 OF THRIKKAKARA POLICE STATION,
ERNAKULAM DISTRICT
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PETITIONER(S)/ACCUSED NO. 3 :
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HIRAN DAS M.D
AGED 42 YEARS,S/O K.K.DINESHAN,
HEBI NIVAS, A.K.G ROAD,VADKODE P.O.
KANGARAPADY, ERNAKULAM DIST- 682 201
BY ADVS.SRI.P.SANJAY
SMT.A.PARVATHI MENON
SRI.K.P.ABDUL RASSAK
RESPONDENT(S)/RESPONDENT :
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STATE OF KERALA
REP. BY SUB INSPECTOR OF POLICE,
THRIKKAKARA POLICE STATION- 682 025
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
P.UBAID, J.
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B.A No.5987 of 2016
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Dated this the 28th day of October, 2016
O R D E R
The petitioner herein is the accused in Crime No.1075/2016 of the Thrikkakara Police Station, registered under Sections 406, 420 and 120(b) of the Indian Penal Code. He seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police.
2. In the nature of the allegations in the complaint I feel it appropriate to direct the petitioner to surrender before the investigating officer for necessary interrogation. The court below will have to examine the case records and see whether the required elements of cheating are there in the complaint, or other prosecution records, or whether the alleged transaction will have only civil consequences. On a consideration of all the relevant aspects appropriate decision will have to be taken by the court below.
In the result, this application for bail is disposed of as follows:
a) The petitioner will surrender before the B.A No.5987 of 2016 2 investigating officer between 9 am and 10 am on any day within seven days from this date for the purpose of interrogation as part of investigation.
b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.
c) In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day.
Sd/-
P.UBAID, JUDGE //True Copy// P.A to Judge ab