K.Bharathan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 Bail Appl..No. 2164 of 2015 ---------------------------------------- CRIME NO. 468/2015 OF THRISSUR EAST POLICE STATION --------------------- PETITIONER(S)/ACCUSED :
----------------------------------------- K.BHARATHAN, AGED 39 YEARS, S/O.BALAKRISHNAN NAIR, MULLAPPILLY HOUSE, POOMKUNNAM POST, THRISSUR VILLAGE, THRISSUR DISTRICT. BY ADVS.SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S.
SRI.J.VIMAL SRI.ANTONY ROBERT DIAS RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, (S.I. OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
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B.A. No. 2164 of 2015 ............................................... Dated this the 22nd day of May, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.468 of 2015 of Thrissur East Police Station registered for the offences under sections 406 & 420 IPC.
3. The petitioner is alleged to have committed the offences under sections 406 & 420 IPC. He is the Managing Director of a construction company. The company undertook to construct residential apartments for the victim and others. But he has so far not completed the work. He has thus cheated the victim and misappropriated his money. This, in brief is the prosecution case.
4. Heard
5. This dispute appears to be essentially a civil one. A civil suit had been filed. The parties entered into a compromise and the suit was disposed of. Having regard to these facts I am inclined to grant the petitioner's prayer. In the result, this application is allowed.
1) The petitioner shall be released on bail after interrogation on his
B.A. No. 2164 of 2015 ::2::
executing a bond for Rs. 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 appear before the Investigating Officer for interrogation if he is so required by him in writing.
3) He shall not destroy or tamper with evidence. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW JUDGE DST