Sureshkumar K.T vs State Of Kerala on 7 March, 2019

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Kerala High Court

Sureshkumar K.T vs State Of Kerala on 7 March, 2019

Bench: B.Sudheendra Kumar

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

 THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

                   Bail Appl..No. 490 of 2019

 CRIME NO. 487/2018 OF Nadapuram Police Station , Kozhikode

PETITIONER/S:

              SURESHKUMAR K.T.
              AGED 62 YEARS
              S/O. GOPALAN, NANDANAM, P.O PURAMERI, VATAKARA,
              KOZHIKODE.

              BY ADVS.
              SRI.P.VIJAYA BHANU (SR.)
              SMT.POOJA PANKAJ
              SRI.AJEESH K.SASI
              SRI.M.REVIKRISHNAN
              SRI.P.M.RAFIQ
              SRI.THOMAS J.ANAKKALLUNKAL
              SRI.V.C.SARATH
              SRI.VIPIN NARAYAN
              SRUTHY N. BHAT

RESPONDENT/S:
      1     STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM 682 031

      2       ABILASH MOHAN, AGED 33 YEARS, S/O.
              MOHANACHANDRA MENON, SARASWATHI VILASAM , P.O.
              ASAMANNOOR, ERNAKULAM DISTRICT - IMPLEADED AS
              ADDITIONAL RESPONDENT AS PER ORDER IN CRL.M.A.
              NO. 1 OF 2019 DATED 7-3-2019

            BY ADV. SRI.R.K.MURALEEDHARAN
OTHER PRESENT:
            SNR. PP- SRI. HRITHWIK, SENIOR ADV. VIJAYABHANU
            FOR PETITIONER


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No. 490 of 2019



                                   -2-




                                 ORDER

The petitioner is the 2nd accused in Crime No. 487 of 2018 of Nadapuram Police Station, registered for the offences punishable under Sections 406, 420 468 and 471 IPC.

2. The prosecution allegation can be briefly stated thus:

The property of the petitioner having an extent of 30 cents was sold to the second respondent in 2013 concealing the fact that the said property was mortgaged with the bank in the year 2012. Thereafter, the bank initiated securitization proceedings. The matter is presently pending consideration by the Debt Recovery Tribunal. According to the second respondent, he was cheated by the accused persons.

3. The petitioner has filed this application under Section 438 Cr.P.C.

Bail Appl..No. 490 of 2019 -3-

4. Heard.

5. The learned counsel for the petitioner has submitted that the petitioner did not conceal anything from the 2nd respondent. It has been further submitted by the learned counsel for the petitioner that the petitioner and the father-in-law of the 2nd respondent were colleagues and hence, when the petitioner was in urgent need of money, he executed a sale deed in favour of the 2 nd respondent, on the understanding that the property would be re-conveyed to the petitioner as and when the amount was paid. It is further contended by the petitioner that the petitioner never intended to act upon the terms of the sale deed.

6. The petitioner was granted the relief under Section 438 Cr.P.C. in connection with Crime No. 408 of 2018 of Nadapuram Police Station, registered on the basis of the complaint filed by the mother-in-law of the 2 nd respondent, on similar set of allegations. It appears that the petitioner Bail Appl..No. 490 of 2019 -4- is aged 62 years. All the documents are now pending consideration by the Debt Recovery Tribunal.

7. Having gone through the relevant inputs, I do not think that the custodial interrogation of the petitioner is necessary for the progress of investigation of this case. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

In the result, this bail application stands allowed, and the first respondent is directed to release the petitioner on bail, in the event of his arrest in Crime No. 487 of 2018 of Nadapuram Police Station, on condition of the petitioner executing a bond for Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Station House Officer of Nadapuram Police Station, before whom the petitioner shall surrender within 10 days, if not arrested in the meantime, and subject to the following further Bail Appl..No. 490 of 2019 -5- conditions:-

(i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the investigating officer for interrogation.

(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(iii) The petitioner shall not get involved in any offence during the pendency of this case.

Dated this the 7th day of March, 2019.

Sd/-B.Sudheendra Kumar, Judge.

ani/

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