High Court of Kerala dismissed an application for anticipatory bail. The court held petitioners accused of cheating under IPC 420 were not entitled to discretionary relief under Section 438 CrPC.
Bail application dismissed; petitioners not entitled to discretionary relief under Section 438 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931
Bail Appl..No. 4248 of 2009()
-------------------------------------CRIME NO. 204/2009 OF PARAPPANANGADI POLICE STATION
PETITIONERS :
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1. MURALEEDHARAN.K.R., AGED 44 YEARS, KAITHAVALAPPIL HOUSE, NAYARAMBALAM, ERNAKULAM.
2. BIJU.K.V., AGED 36 YEARS, KALATHIPARAMBIL HOUSE, VALIYAVATTOM, NJARAKKAL, ERNAKULAM.
3. P.P. LAWRANCE, AGED 43 YEARS, S/O. PAILY, PANIKKATHARA HOUSE, MALIPPURAM, KARTHEDAM, ERNAKULAM.
4. ALEXANDER SUNIL BATHERI, AGED 35 YEARS, BATHERI HOUSE, 7/737, JEW TOWN, COCHIN-2.
BY ADV. SRI.P.K.SAJEEV
RESPONDENT:
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STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, PARAPPANANGADI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY SRI. GIKKU JACOB PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 4248 of 2009
Dated this the 20th day of August, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1, 4, 5 and 6 in Crime No.204/2009 of Parappanangadi Police Station.
B.A. No. 4248 of 2009 2
used to issued to them. It was realised by the defacto complainant that the transaction was just like a money chain transaction and that the accused persons were indulged in cheating the general public.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
ln
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 CrPC in a cheating case involving money chain transactions.
2 provisions across 2 enactments
MURALEEDHARAN.K.R.
BIJU.K.V.
P.P. LAWRANCE
ALEXANDER SUNIL BATHERI
STATE OF KERALA
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
