In a bail application under Section 438 CrPC for alleged cheating under Section 420 IPC, the Kerala High Court granted anticipatory bail to husband and wife petitioners, directing surrender within seven days and imposition of bond.
Anticipatory bail granted upon surrender with bond of Rs. 10,000 each and two sureties.
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 MRS. JUSTICE K.HEMA
MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932
Bail Appl..No. 2541 of 2010()
----------------------------(CRIME NO.831/2010 OF ERNAKULAM CENTRAL POLICE STATION)
PETITIONERS/ACCUSED
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S): COMPLAINANT/STATE
PUBLIC PROSECUTOR SRI.V.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J
B.A No.2541 OF 2010
Dated this the 21st day of June 2010
ORDER
This petition is for anticipatory bail.
B.A No.2541 OF 2010
2
persons including de facto complainant to trespass into the house of first accused and cause mischief there. They accordingly came to the house of first accused and committed various offences. First accused was forced to file a complaint against them and also a representation before the Minister and copy of the said petition dated 06/08/2009 is Annexure A1. Thereafter, at the instance of George, this false complaint is filed. No agreement as alleged is executed.
(2) On such surrender, they shall be released on bail on their executing bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions:
directed and co-operate with investigation.
B.A No.2541 OF 2010
3
(ii) Petitioners shall not influence or intimidate any witnesses or tamper with any evidence.
Petition is allowed.
K.HEMA JUDGE
vdv
2 issues framed by the court
Whether anticipatory bail can be granted in a cheating case under Sections 420 and 34 of the IPC.
Under what conditions the petitioners should be released on bail.
2 provisions across 1 enactments
R.J.SHANKAR
RANI SHANKAR
SUB INSPECTOR OF POLICE, ERNAKULAM
STATE REP. BY PUBLIC PROSECUTOR
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
