Kerala High Court
Bose Thomas vs The Sub Inspector Of Police on 14 August, 2014
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 14TH DAY OF AUGUST 2014/23RD SRAVANA, 1936
Bail Appl..No. 5947 of 2014 ()
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CRIME NO. 931/2014 OF PALARIVATTOM POLICE STATION, ERNAKULAM
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PETITIONER/ACCUSED NO. I:
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BOSE THOMAS, AGED 42 YEARS,S/O.THOMAS,
CHIRACKAL HOUSE, VELLAKKADAPARAMBU HOUSE,
ELAMAKKARA.P.O, KALOOR, ERNAKULAM.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENTS.STATE :
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1. THE SUB INSPECTOR OF POLICE,
PALARIVATTOM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
THIRUVANANTHAPURAM.
3. THE SECRETARY,
CGDA, ERNAKULAM.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA
R3 BY SRI.C.A.MAJEED, GCDA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 14-08-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BP
K. ABRAHAM MATHEW, J.
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B.A. No.5947 of 2014
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Dated this the 14th day of August, 2014
O R D E R
Petition filed under Section 438 Cr.P.C. The petitioner is the second accused (wrongly shown as accused No.1 in the bail application) in crime No.931/2014 of Palarivattom Police Station registered for the offences under Sections 406 & 420 IPC.
2. The petitioner and the first accused have taken on rent a room each belonging to the GCDA at Ernakulam. The petitioner gave an advertisement in a newspaper for sale of his room. The first informant approached him to purchase it.
3. The allegation is that the petitioner and the first accused showed the first informant the room in the possession of the first accused and he agreed to purchase it. He also paid Rs.2 lakhs to the petitioner and a cheque for Rs.6 lakhs. The prosecution case is that the petitioner had B.A. No.5947 of 2014 -2- no right to alienate the room and the actions of himself and the co-accused amounted to cheating.
4. Heard.
5. The lease hold right of the rooms taken on rent by the petitioner and the first accused can be sold subject to certain conditions only. For that approval of the GCDA is necessary. The learned counsel for the petitioner submits that necessary documents were submitted to the GCDA for approval of the sale.
6. The materials collected by the Investigating Officer reveal that the petitioner received Rs.2 lakhs in cash. According to the learned counsel for the petitioner, the petitioner handed over the cash to the first accused. Now that the first informant has given up his claim, whatever may be the truth in the allegation that there was element of dishonesty in the transaction, he is bound to return the amount. It appears that detention of the petitioner is not necessary for effective investigation.
7. Having regard to these facts, I am inclined to B.A. No.5947 of 2014 -3- grant anticipatory bail to the petitioner.
In the result, this application is allowed.
1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case.
2) He shall deposit in the court of the learned Magistrate Rs.2 lakhs (Rupees two lakhs only) within two weeks from today, failing which, the learned Magistrate may cancel the bail if granted by the Investigating Officer.
3) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
4) He shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
B.A. No.5947 of 2014 -4-
In the course of the proceedings before him or at its end the learned Magistrate may pass appropriate orders with regard to the amount deposited.
Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/