Kerala High Court
Mahesh vs The Station House Officer on 7 August, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 7TH DAY OF AUGUST 2017/16TH SRAVANA, 1939
Bail Appl..No. 5413 of 2017 ()
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CRIME NO.539/2009 OF PEROORKADA POLICE STATION,
THIRUVANANTHAPURAM(CBCID G 9/CR/EOW PKD. 539/09).
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PETITIONER/ACCUSED NO.3:
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MAHESH, AGED 43 YEARS, S/O.MAHADEVAN,
RESIDING AT TC. 37/1673, SAI KRIPA,
PUNNAKKAL ROAD, FORT PO, TRIVANDRUM
BY ADV. SRI.C.K.SREEJITH
RESPONDENTS/COMPLAINANTS & STATE:
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1. THE STATION HOUSE OFFICER,
PEROORKADA POLICE STATION,
TRIVANDRUM,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
2. THE STATION HOUSE OFFICER,
CBCID EOW I, TRIVANDRUM,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
3. THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07-08-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
SUNIL THOMAS, J
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B.A.No.5413 of 2017
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Dated this the 7th day of August, 2017
O R D E R
The petitioner is the third accused in Crime No.539/2009 of Peroorkada police station for offences punishable under sections 406, 120B, 420 & 34 of the Indian Penal Code.
2. It is alleged by the defacto complinant that he had approached the sixth accused to obtain a loan on securing his immovable property. The sixth accused introduced him to accused Nos.1 to 5. He received a sum of Rs.1,50,000/- and in turn assigned the property in favour of the first accused on an undertaking that property will be re-conveyed on repayment of money with interest. Thereafter, in spite of offer to return the money, the accused failed to re-convey the property. In the mean while, the first accused had mortgaged the property with the KFC and availed huge amounts as loan. Apprehending arrest, the petitioner herein seeks bail.
3. It emerges that the petitioner herein is the wife B.A.No.5413 of 2017 2 of the first accused. The property was assigned in favour of the first accused. Having considered the nature of allegations against the petitioner herein, I feel that custodial interrogation of the petitioner may not be essential at this stage. The main allegation is against the first accused. Hence I am inclined to grant bail to the petitioner herein on the following conditions:
(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(ii) He shall appear before the investigating officer as and when called for.
(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.
(iv) He shall not get involved in any other identical offence.
B.A.No.5413 of 2017 3
Anticipatory bail application is allowed as above.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge