Biju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl..No. 5310 of 2015 -------------------------------------- CRIME NO. 308/2015 OF RAJAKKAD POLICE STATION , IDUKKI ------------------ PETITIONER(S)/ACCUSED:

-------------------------------------- BIJU, AGED 43 YEARS, S/O.THANKAPPAN, RESIDING AT CHERIMALA HOUSE, NANDIKKARA DESOM, PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO STATE OF KERALA/COMPLAINANT:

-------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, RAJAKKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ B.A.No.5310 of 2015 ------------------------------------------------- Dated this the 7th day of September, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.308 of 2015 of Rajakkad Police Station registered for the offences punishable under Sections 403, 420 and 468 of the Indian Penal Code.

3.

Prosecution case is that the accused/petitioner deceived the de facto complainant promising to sell 50 cents of property in Bysan vally Village and on various occasions huge amounts were extracted from the de facto complainant. The de facto complainant had filed a complaint before Dy.S.P. Munnar. Thereafter, the case was registered. Investigation is progressing in this matter. 4.

Heard the learned counsel for the petitioner and learned Public Prosecutor.

5.

Perused the case diary. Materials in the case diary show that interrogation of the petitioner in custody may be necessary to resolve the dispute. Further, at this

B.A.No.5310 of 2015 stage of investigation, the petitioner is not entitled to get any anticipatory bail. Hence, the following directions: Petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. Thereafter, the Investigating Officer shall interrogate him and then produce him before the learned magistrate having jurisdiction on the date of his surrender. He may move for regular bail before the Court below and the learned magistrate shall consider the application on merits as expeditiously as possible, if possible on the date of surrender itself.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge