V. Dineshan Vs. the State of Kerala

V. Dineshan vs The State of Kerala

Type Court Judgment Court Kerala Decided Sep 25, 2014

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https://sooperkanoon.com/case/1165007

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Citation: sooperkanoon.com/1165007
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Sep 25, 2014
Subject: Right to Information

Case Summary

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

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

V. Dineshan

Respondent

The State of Kerala

Excerpt

.....learned counsel appearing for the interveners opposed the bail application contending that the petitioners are accused in various crimes in that area. because of their influence in this crime, they could not be arrested so far. it is also alleged that they cooked up various documents to swindle money. learned public prosecutor also opposed the bail application stating that the petitioners, if released on bail, would cause law and order issues in the area.6. having anxiously considered the facts and circumstances of the case, i am of the definite view that the petitioners must be made available before the investigating officer for interrogation. considering the fact that the offences relate to the records kept in a bank, their prolonged custody may not be necessary. therefore, following orders are passed :1. the petitioners shall surrender before the investigating officer in the crime on 29th september, 2014 at 9.00 a.m. and submit b.a no.5851 of 2014 3 themselves for interrogation. thereafter, the investigating officer shall produce them before the learned magistrate within 24 hours on the next day.2. petitioners shall be released on bail on executing a bond for rs.25,000/- each (rupees twenty five thousand only) with two solvent sureties each for the like sum each to the satisfaction of the learned magistrate.3. petitioners shall appear before the investigating officer as and when directed and co-operate with the investigation.4. petitioners shall not influence or intimidate the witnesses.5. petitioners shall not meddle with the investigation in any manner.6. petitioners shall not enter the limits of vadakara police station for two months, except for the purpose of interrogation. sd/- a.hariprasad, judge. amk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE25H DAY OF SEPTEMBER20143RD ASWINA, 1936 Bail Appl..No. 5851 of 2014 () ------------------------------- AGAINST THE ORDER

/JUDGMENT

IN CRMC13992014 of SESSIONS COURT, KOZHIKODE DATED2407-2014. CRIME NO. 764/2014 OF VADAKARA POLICE STATION , KOZHIKODE. PETITIONER(S)/ACCUSED1TO4 ------------------------------------------------ 1. V. DINESHAN, AGED55YEARS, S/O.CHERUMAN, SECRETARY, VAPRATHU P.O. RAYARANGOTH, VADAKARA TALUK, KOZHIKODE.

2. SURESH A, AGED44YEARS, S/O.GOVINDAN, BRANCH MANAGER, IRIKUNNAN KELOTH, CHERODE P.O, VADAKARA TALUK, KOZHIKODE.

3. SHAJI N.T, AGED41YEARS, S/O.KUMARAN, INTERNAL AUDITOR, KOROTH THAZHEKUNIYIL, VAIKILASSERI P.O., VADAKARA TALUK, KOZHIKODE.

4. PRAJITH P.P, AGED42YEARS, S/O.GOPALAN, BRANCH MANAGER, PADIKKAL KOROTH, MUTTANGAL P.O, VADAKARA TALUK, KOZHIKODE. BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.SOJAN MICHEAL SRI.J.VIMAL SRI.M.K.DAMODARAN (SR.) SRI.ALAN PAPALI. RESPONDENT(S)/COMPLAINANT: ---------------------------------------------- THE STATE OF KERALA, (S.H.O. CRIME NO.764/2014 OF VADAKARA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. * R2. REGI.C.M, AGED43YEARS, S/O C.M.POKKAN, RESIDING AT THEKKAKALASERY, VAIKKILASSERY, VADAKARA. * R2 IS IMPLEADED AS PER ORDER

DATED2509-2014 IN CRL.M.APPL.NO.7432/2014. ADDL.R2 BY ADVS. SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.A.K.RAJESH SRI.VENKATESH GOPI R1 BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2509-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk A.HARIPRASAD, J.

------------------------------------------------ B.A No.5851 of 2014 ------------------------------------------------ Dated this the 25th day of September, 2014. ORDER

Application for bail under Section 438 Cr.P.C.

2. Petitioners are accused 1 to 4 in Crime No.764/2014 of Vadakara Police Station registered for offences punishable under Sections 465, 471, 409 and 120B r/w Section 34 I.P.C.

3. Heard the learned Senior counsel for the petitioners, learned counsel for the persons who got themselves impleaded to oppose the bail application and also the learned Public Prosecutor.

4. Prosecution case, in short, is that during 2007-2009, the petitioners, who were employees of Cherode Service Co-operative Bank, conspired together and misappropriated money to a tune of Rs.1,69,000/- by creating false receipts.

5. Learned Senior counsel for the petitioners submitted that the entire allegations are false. The petitioners are put under suspension now. They have no access to the records in the bank. B.A No.5851 of 2014 2 There is no need for custodial interrogation. Learned counsel appearing for the interveners opposed the bail application contending that the petitioners are accused in various crimes in that area. Because of their influence in this crime, they could not be arrested so far. It is also alleged that they cooked up various documents to swindle money. Learned Public Prosecutor also opposed the bail application stating that the petitioners, if released on bail, would cause law and order issues in the area.

6. Having anxiously considered the facts and circumstances of the case, I am of the definite view that the petitioners must be made available before the Investigating Officer for interrogation. Considering the fact that the offences relate to the records kept in a bank, their prolonged custody may not be necessary. Therefore, following orders are passed :

1. The petitioners shall surrender before the Investigating Officer in the crime on 29th September, 2014 at 9.00 a.m. and submit B.A No.5851 of 2014 3 themselves for interrogation. Thereafter, the Investigating Officer shall produce them before the learned Magistrate within 24 hours on the next day.

2. Petitioners shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum each to the satisfaction of the learned Magistrate.

3. Petitioners shall appear before the Investigating Officer as and when directed and co-operate with the investigation.

4. Petitioners shall not influence or intimidate the witnesses.

5. Petitioners shall not meddle with the investigation in any manner.

6. Petitioners shall not enter the limits of Vadakara Police Station for two months, except for the purpose of interrogation. Sd/- A.HARIPRASAD, JUDGE. amk

Same Court & Year Kerala · 2014 Same Parties V. Dineshan vs The State of Kerala Same Subject Right to Information Same Judge Honourable Mr. Justice K.Abraham Mathew