Kerala High Court
Anil Kumar vs State Of Kerala on 28 March, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 28TH DAY OF MARCH 2017/7TH CHAITHRA, 1939
Bail Appl..No. 1941 of 2017
----------------------------
CRIME NO. 353/2017 OF KILIKOLLUR POLICE STATION, KOLLAM
------------
PETITIONER:
----------
ANIL KUMAR,
S/O.GOPALAKRISHNA PILLAI, AGED 44,
ANANTHASHAYANAM HOUSE, KADAYINIKKADU KARA,
VELLAVOOR VILLAGE, CHANGANASSERY TALUK,
KOTTAYAM DISTRICT.
BY ADV. SRI.R.MURALEEKRISHNAN
RESPONDENT(S):
--------------
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-03-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.
K.ABRAHAM MATHEW, J.
---------------------------------------
B.A.No.1941 of 2017
---------------------------------------
Dated this the 28th day of March, 2017
O R D E R
Petition filed under Section 438 Cr.P.C.
2. The petitioner is accused in Crime No.353/2017 of Kilikolloor Police Station registered for the offence under Section 420 IPC. He is the registered owner of a vehicle, which was purchased with the amount borrowed from a financier. It has been hypothicated to the financier. According to the prosecution he sold it to the first informant and received Rs.3 Lakhs and undertook to pay the amount due to the financier. But he failed to pay the amount due to the financier and hand over the documents relating to the vehicle to the first informant.
3. The learned counsel submits that the allegation is false and the first informant took the vehicle on rent from him and there is a civil case between the parties.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. There are no documents to prove the prosecution allegations. Admittedly, the petitioner is the registered owner of the vehicle. O.S.No.21/2017 of Munsiff Court, Changanassery is B.A.No.1941 2017 2 pending. It appears that detention of the petitioner is not necessary for effective investigation. So, I am inclined to grant his prayer.
In the result, the application is allowed.
1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum if he is arrested by the investigating officer in connection with this case.
2) He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.
3) He shall not get himself involved in any other criminal case while he is on bail.
4) He shall not intimidate or attempt to influence the witnesses.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd // True Copy // P.A. to Judge