Kerala High Court
P B Rajeev vs State Of Kerala on 6 March, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 6TH DAY OF MARCH 2014/15TH PHALGUNA, 1935
Bail Appl..No. 1506 of 2014 ()
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CRIME NO. 1030/2010 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA
PETITIONER/1ST ACCUSED:
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P B RAJEEV, AGED 39 YEARS
S/O.BHASKARAN, AYODHYA HOUSE, VETTIPPURAM
PATHANAMTHITTA.
BY ADVS.SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
COMPLAINANT(S)/RESPONDENT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, SESSIONS COURT
ERNAKULAM.
BY PUBLIC PROSECUTOR: ADV SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-03-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A.No.1506 of 2014
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Dated this the 06th day of March, 2014
O R D E R
Petitioner is the first accused in Crime No.1030 of 2010 of the Pathanamthitta Police Station for the offences punishable under Secs.420, 380 and 120B r/w Sec.34 of the Indian Penal Code, is in custody from 16.01.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner availed loan from the Kerala Financial Corporation, Pathanamthitta Branch on 15.03.2000 on the security of mortgage created by deposit of sale deed and later, with the connivance of accused Nos.2 and 3, who were officials of the KFC, took away documents creating equitable mortgage. It is submitted that more than Rs.36,00,000/- is due to the KFC as on 01.03.2014.
3. Learned counsel has submitted that the petitioner is not involved in the alleged incident. Learned counsel offered to furnish sufficient security of landed property in favour of the KFC.
4. I am inclined to accept the above offer of the learned counsel as that would to some extent protect interest of the KFC. B.A.No.1506 of 2014 2
5. Having regard to that also, I am inclined to grant bail but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.1030 of 2010 of the Pathanamthitta Police Station and shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(c) Petitioner shall not, during the period of this bail get involved in any offence.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) Petitioner shall, as offered and within a month from the date of his release on bail, furnish security of landed properties for the amount due to the KFC, Pathanamthitta Branch to its satisfaction.
(f) I make it clear that this order will not stand in the way of the KFC and the petitioner reaching any settlement regarding the amount payable.
B.A.No.1506 of 2014 3
(g) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC
100).
Sd/-
THOMAS P.JOSEPH, JUDGE.
Sbna True Copy P A to Judge