Kerala High Court

Bail Appl./8906/2016 of M.M. SHOUKATHALI Vs THE STATE OF KERALA on 30 December 2016

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.M.BABU FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 Bail Appl..No. 8906 of 2016 () ------------------------------- CRIME NO. 468/2016 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: -------------------

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.M.BABU

FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938

Bail Appl..No. 8906 of 2016 ()

-------------------------------

CRIME NO. 468/2016 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM

PETITIONER/ACCUSED:-------------------

M.M. SHOUKATHALI

S/O. MOIDU, AGED 38 YEARS, MELAPATTUVALAPPIL HOUSE, CHALISSERY P.O., PALAKKAD DISTRICT.

BY ADV. SRI.BABU S. NAIR

RESPONDENTS/STATE & COMPLAINANT:-------------------------------

1. THE STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ENAKULAM, KOCHI-682031. 2. THE SUB INSPECTOR OF POLICE CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT, PIN-679575.

BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.M. BABU, J.

------------------------------------------ B.A No. 8906 of 2016 (C)------------------------------------------Dated: 30[th] December, 2016

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O R D E R

The petitioner is the accused in crime no.468/2016

of the Changaramkulam police station. The FIR wasregistered under sections 420, 468 and 471 of the IPC.The petitioner seeks bail apprehending his arrest.

2. The prosecution case is that the petitioner borrowed a vehicle loan of Rs.52,51,574/- from theState Bank of Travancore, Edappal branch for thepurchase of a Jaguar car. It is alleged that the price ofthe car was only Rs.48,63,821/-. It is also alleged thatthe petitioner did not repay the loan.

3. Heard the learned counsel for the petitionerand the learned Public Prosecutor.

4. The learned Public Prosecutor has opposed theapplication. I am shown the case diary. I have perused it. The case is all about the purchase of a Jaguar car.

The allegation is that the petitioner produced aninflated invoice and obtained more amount as loan thanthe price of the car. The learned counsel for thepetitioner submits that the loan sanctioned by the bankis not just the show room price of the car, but suchprice plus the road tax plus the insurance premium etcetera. Having gone through the papers in the casediary I do not consider detention of the petitionernecessary for an effective investigation of the case. Thefailure of the petitioner to repay the loan seems to bethe main grievance of the bank. I consider this to be afit case to grant anticipatory bail.

In the result, the application is allowed. The petitioner, if arrested in connection with crimeno.468/2016 of the Changaramkulam police station,shall be released on bail on his executing a bond for B.A No. 8906/2016

Rs.50,000/- (fifty thousand only) with two solventsureties for the like sum each to the satisfaction of theinvestigating officer. The petitioner shall co-operatewith the investigation. He shall make himself availablefor interrogation as and when required by theinvestigating officer for a period of three months or tillthe filing of the final report, whichever is earlier. Thepetitioner shall not intimidate witnesses or try toinfluence any witness. Nor shall the petitioner destroyevidence or tamper with it. The learned Magistratewho has jurisdiction to try the case is herebyempowered to cancel the bail in the event of breach ofany of the conditions mentioned above.

Sd/-

A.M. BABU, JUDGE

jjj 30/12/16

//true copy//P.A.To Judge

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