SAJI P ABRAHAM v. STATE OF KERALA
Case at a glance
Outcome
Disposed of
Resultantly, the bail application is disposed of by
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 s. 420
Key paragraphs
- Para 55. The learned Public Prosecutor, on instructions, submitted that, pursuant to the interim order the petitioner surrendered before the Investigating Officer and subjected himself to interrogation. The interrogation has been completed and the petitioner’s further detention is not necessary. Resultantly, the bail application is disposed…
Judgment
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI. C.S. HRITHWIK – SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 8488 OF 2023 2 C.S.DIAS, J. -------------------------------------------------------- B.A. No. 8488 OF 2023 ------------------------------------------------------- Dated this the 6th day of February, 2024
O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.
The petitioner is the sole accused in Crime No.864/2023 of the Anchalummoodu Police Station, Kollam registered against him for allegedly committing the offence punishable under Section 420 of the Indian Penal Code.
When the bail application came up for consideration on 27.09.2023, this Court directed that the petitioner shall not to be arrested. However, the BAIL APPL. NO. 8488 OF 2023 3 petitioner was directed to surrender before the Investigating Officer and co-operate with investigation.
Heard; Sri. S. Rajeev the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Public Prosecutor appearing for the respondent.
Operative part
The learned Public Prosecutor, on instructions, submitted that, pursuant to the interim order the petitioner surrendered before the Investigating Officer and subjected himself to interrogation. The interrogation has been completed and the petitioner’s further detention is not necessary. Resultantly, the bail application is disposed of by making the interim order dated 27.09.2023 absolute, subject to the following conditions: BAIL APPL. NO. 8488 OF 2023 4 (i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; (ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner; (iii)The petitioner shall not get involved in any other offence while on bail; (iv) The petitioner shall not leave India without the permission of the jurisdictional Court; (v) In case of violation of any of the conditions above, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
BAIL APPL. NO. 8488 OF 2023 5 (vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below. BR Sd/- C.S. DIAS JUDGE BAIL APPL. NO. 8488 OF 2023 6 APPENDIX OF BAIL APPL. 8488/2023 PETITIONER’S ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Annexure A7 Annexure A8 Annexure A9 Annexure A10 Annexure A11 TRUE PRINT OUT OF THE FIR DATED 11/08/2023 IN CRIME NO. 0864/2023 ANCHALUMMOODU POLICE STATION. TRUE COPY OF THE PRESS RELEASE DATED 04/10/2021 ISSUED BY THE RESERVE BANK OF INDIA. TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 14/03/1997 OF MUTHOOT FINANCE LTD INCLUDES THE RECORD SHOWING THE CHANGE OF NAME AS WELL. TRUE COPY OF THE CERTIFICATE OF NBFC REGISTRATION OF MUTHOOT FINANCE LTD, DATED 12/12/2008 ISSUED BY RBI. TRUE COPY OF THE CERTIFICATION OF INCORPORATION DATED 08/01/2008 OF MUTHOOT SECURITIES LTD. TRUE COPY OF CERTIFICATE OF THE REGISTRATION, DATED 19/07/2018 OF MUTHOOT SECURITIES LTD WITH SECURITIES EXCHANGE BOARD OF INDIA. TRUE COPY OF THE NCD APPLICATION FORM ISSUED BY SREI INFRASTRUCTURE FINANCE LIMITED. TRUE COPY OF THE FORM FOR NCD APPLICATION ISSUED BY SREI EQUIPMENT FINANCE LIMITED. TRUE COPY OF THE PUBLIC NOTICE ISSUED IN THE TIMES OF INDIA ON 11/10/2021.
TRUE COPY OF THE NOTE, ON DETAILS OF DISTRIBUTION OF RESOLUTION AMOUNT TO NCD HOLDERS, DATED 20/10/2023, ISSUED BY SREI. TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE ACCOUNT NO. 0098073000009747 OF M/S MJBR MARKETING AND FINANCIAL SERVICES P LTD & MANOJ JACO & K R BIJ.. ISSUED BY SOUTH INDIAN BANK FOR THE PERIOD FROM 01/10/2023 TO 20/10/2023. BAIL APPL. NO. 8488 OF 2023 7 Annexure A12 Annexure A13 Annexure A14 Annexure A15 Annexure A16 Annexure A17 Annexure A18 Annexure A19 Annexure A20 Annexure A21 TRUE COPY OF THE APPLICATION DATED 16/05/2018 SUBMITTED BY SRI. ANIL PRABHA TO SREI EQUIPMENT FINANCE LTD BY SHOWING MUTHOOT SECURITIES LTD AS BROKER. TRUE COPY OF THE CHEQUE DATED 16/05/2018 ISSUED BY SRI.ANIL PRABHA TO ESCROW ACCOUNT FOR SREI EQUIPMENT FINANCE LTD NCD, IN SUPPORT OF THE APPLICATION DATED 16/05/2018 SUBMITTED BY SRI. ANIL PRABHA TO SREI EQUIPMENT FINANCE LTD. TRUE COPY OF THE PRESS RELEASE, DATED 08/12/2023, PUBLISHED ON TIMES OF INDIA, IN RESPECT OF THE RESOLUTION PROCESS OF ASSURING REVIVAL OF LENDING BUSINESS OF SREI GROUP COMPANIES. TRUE COPY OF REFER REPORT NO. 9/23 DATED 23/09/2023 OF PAMPADY POLICE STATION TRUE COPY OF THE FINAL REPORT IN CRIME NO. 844/23 DATED 23/09/2023 IN CRIME NO. 844/23 OF PAMPADY POLICE STATION TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1634/2023 DATED 29/09/2023 OF CHANGANACHERRY POLICE STATION TRUE COPY OF REFER REPORT NO. 5/23 (FIR NO. 1142/2023) DATED 24/08/2023 OF CHINGAVANAM POLICE STATION TRUE COPY OF FINAL REPORT DATED 24/08/2023 IN CRIME NO. 1142/2023 OF CHINGAVANAM POLICE STATION TRUE COPY OF REFER REPORT NO. 5/23 (FIR NO. 1143/2023) DATED 24/08/2023 OF CHINGAVANAM POLICE STATION TRUE COPY OF FINAL REPORT DATED 24/08/2023 IN CRIME NO. 1143/2023 OF CHINGAVANAM POLICE STATION RESPONDENT’S ANNEXURES: NIL
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Resultantly, the bail application is disposed of by
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — s. 420.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.