Honourable Justice K.T. Sankaran dismissed a bail application filed by accused persons accused of cheating and misappropriation of funds under Sections 420, 406, 418 IPC. The Court held that bail would hinder the smooth investigation of the case.
Bail application dismissed as petitioners are 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
TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931
Bail Appl..No. 5039 of 2009()
----------------------------CRIME NO.149/2009 OF BADIADKA POLICE STATION
PETITIONERS/ACCUSED
R/AT VIJYA PRATHEEKA HOUSE, MOVVAR POST MOVVAR KASARAGOD.
BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT(S): COMPLAINANT
STATE OF KERALA REP. BY OF THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.5039 of 2009
Dated this the 20th day of October, 2009
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.149 of 2009 of Badiadka Police Station.
BA 5039/2009
2
society. A sum of Rs.76,000/- was granted as loan to Sreesakthi Self Help Group. The allegation is that without crediting that amount in the account of Sreesakthi Self Help Group, the accused persons had misappropriated the amounts by drawing the amount from the Bank. In spite of the promise to credit the same in the account of Sreesakthi Self Help Group, it was not done. It is also alleged that in the cheque for Rs.76,000/-, signature of the President of the Self Help Group, namely, Kanchana, was obtained by the accused with the assurance that the amount would be credited in the account of Sreesakthi Self Help Group. But, it was not done.
The Bail Application is accordingly dismissed.
JUDGE
K.T.SANKARAN,
csl
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC.
Whether granting bail would adversely affect the ongoing investigation.
2 provisions across 2 enactments
Vanthi
Jayanarayana Shety
Gandhi Smaraka Seva Kendram
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
