Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Biju Vs. State of Kerala

Biju vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 29, 2013
~3 min read
https://sooperkanoon.com/case/1013441

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Biju

Respondent

State of Kerala

Excerpt

.....station who were alleged to have committed the offences punishable under sections 120b, 406, 420, 421, 422, 423, 424 & 425 r/w. section 34 of i.p.c.2. the learned counsel for the petitioners submits that they had availed of loan from the defacto complainant bank, by mortgaging their property. however they defaulted in repayment of loan. they assigned the mortgaged property to a money lending firm who in turn assigned it to other persons. on the basis of that transaction the bank preferred a private complaint under section 156 (3), which was forwarded for investigation and crime was registered.3. it is difficult to understand how a complaint be b.a. no.9446 of 2012 -2- lodged. the fact that the property is mortgaged does not preclude mortgagor from selling the equity of redemption.4. a deeper probe into the matter is unwarranted at this point of time. considering the facts and circumstances, it is felt that it is just and proper to exercise extraordinary jurisdiction in favour of the petitioners. accordingly, the petition is allowed as follows: i) the petitioners shall surrender before the investigating officer on 05.02.2013, who after interrogation shall produce them before the jfcm concerned and on application for bail being moved by the petitioners, the learned magistrate shall release the petitioners on bail on each of them executing a bond for a sum of rs.10,000/- (rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. ii) the learned magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) the petitioner shall report before the investigating officer on every thursday between 9 am and 10 am till final report is laid. iv) the petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. b.a. no.9446 of 2012 -3- v) if any of the condition is violated, the bail granted shall stand.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 Bail Appl..No. 9446 of 2012 () ------------------------------ CRIME NO. 942/2011 OF PARIPPALLY POLICE STATION, KOLLAM DISTRICT ------------ PETITIONERS/ACCUSED NO.1 & 2 : --------------------------------------------------- 1. BIJU S/O.GOPINATHAN ACHARI, CHARUVILA PUTHEN VEEDU NADAKKAL, KALLUVATHUKKAL P.O., KOLLAM.

2. REMYA W/O.BIJU,CHARUVILA PUTHEN VEEDU, NADAKKAL KALLUVATHUKKAL P.O., KOLLAM. BY ADV. SRI.SUNIL KUMAR A.G RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE PARIPPALLI POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. *ADDL. R2 IMPLEADED *2. NADAKKAL CO-OPERATIVE BANK LTD., KALLUVATHUKKAL, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY, THE DEFACTO COMPLAINANT. *ADDL. R2 IS IMPLEADED VIDE ORDER DTD. 1/1/2013 IN CRL. M.A. NO. 8336/2012 IN BA NO. 9446/2012. R1 BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.9446 of 2012 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2013

ORDER

The petitioners are accused Nos.1 & 2 in Crime No.942/2011 of Parippalli Police Station who were alleged to have committed the offences punishable under Sections 120B, 406, 420, 421, 422, 423, 424 & 425 r/w. Section 34 of I.P.C.

2. The learned counsel for the petitioners submits that they had availed of loan from the defacto complainant bank, by mortgaging their property. However they defaulted in repayment of loan. They assigned the mortgaged property to a money lending firm who in turn assigned it to other persons. On the basis of that transaction the bank preferred a private complaint under Section 156 (3), which was forwarded for investigation and crime was registered.

3. It is difficult to understand how a complaint be B.A. No.9446 of 2012 -2- lodged. The fact that the property is mortgaged does not preclude mortgagor from selling the equity of redemption.

4. A deeper probe into the matter is unwarranted at this point of time. Considering the facts and circumstances, it is felt that it is just and proper to exercise extraordinary jurisdiction in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on 05.02.2013, who after interrogation shall produce them before the JFCM concerned and on application for bail being moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court. ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall report before the Investigating Officer on every Thursday between 9 am and 10 am till final report is laid. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. B.A. No.9446 of 2012 -3- v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. Sd/- P. BHAVADASAN JUDGE //True copy// P.A. TO JUDGE shg/

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial