Single Judge Court granted bail to the accused, who is the third accused in a money circulation scheme case involving Sections 420 IPC and 3, 4 of Prize Chits Act.
Released on bail for Rupees Fifty thousand with two solvent sureties for the like amount.
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
FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933
Bail Appl..No. 5779 of 2011
CRIME NO.845 OF 2011 OF KODAKARA POLICE STATION, THRISSUR.
APPLICANT/ACCUSED NO.3 -----------------------------------------A.J.GEORGE, AGED 62 YEARS, S/O.JOSE, ALOOKARAN HOUSE, CHALAKUDY. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN
RESPONDENT: COMPLAINANT -------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, KODAKARA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND ADDL.ADVOCATE GENERAL SRI.K.A.JALEEL
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------------------------Bail Appl. NO. 5779 OF 2011 -----------------------------------------------------Dated this the 12th day of August, 2011
O R D E R
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.845 of 2011 of Kodakara Police Station, Thrissur District.
99,000/- from the de facto complainant and 3,36,000/- and `2,16,000/- from two others promising huge returns. The amounts were collected for the purpose of investing the same in Nano Excel Corporation. The prosecution case is that Nano Excel Corporation, of which accused No.4 is the Chairman and Managing Director, is indulged in a 'money circulation scheme', as defined in Section 2(c)BAIL APPL. NO.5779 of 2011
:: 2 ::
of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
BAIL APPL. NO.5779 of 2011
:: 3 ::
like amount to the satisfaction of the Judicial Magistrate of the First
Class, Irinjalakuda, subject to the following conditions:
The Bail Application is allowed as above.
(K.T.SANKARAN) Judge
ahz/
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 CrPC considering the nature of offences and investigation stage.
3 provisions across 3 enactments
A.J. George
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.T. Sankaran
Parties & counsel