In a bail application filed by the 5th accused facing charges of cheating under IPC and the Prize Chits Act, the Kerala High Court refused anticipatory bail. The Court held the case involved grave offenses with huge amounts collected, deeming custodial interrogation necessary.
Application for anticipatory bail dismissed; petitioner denied bail.
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 N.K.BALAKRISHNAN
FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934
Bail Appl..No. 4139 of 2012 ()
(CRIME NO.389/2011 OF VIDYANAGAR POLICE STATION, KASARAGOD)
PETITIONER/ACCUSED (RANK NOT KNOWN):
LALITHA, AGED 37 YEARS S/O.KUNHIKANNAN THERUVATH NOW RESIDING AT BESC BANK, KUNDAMKUZHI P.O. KASAZRAGOD-671541.
BY ADV. SRI.S.JIJI
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY S.H.O.VIDYANAGAR POLICE STATION KASAZRAGOD DISTRICT, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
N.K.BALAKRISHNAN, J.
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Dated this the 06th day of July, 2012
O R D E R
The petitioner is the 5th accused in Crime No. 389/2011 of Vidyanagar Police Station, Kasaragod District. The offence alleged against him is under section 420 of IPC and section 4, 5 and 6 of the Prize chits and Money Circulation Banning Act. Apprehending arrest, this petition is filed for anticipatory bail.
45,000/- was obtained by the accused persons offering interest at 20% and that it was because of such inducement, he happened to deposit 45,000/-. But when demanded, interest was not paid and the principal amount also was not repaid. It was stated that the complainant was told that amounts collected from him and others would be depositedB.A.No.4139/2012
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as a share in the Super Market Project to be started in Kasaragod and other places. The investigation revealed that a Public Limited Company by name 'Rural Super Market' was formed of which first accused was the Managing Director. The company offered interest at 20 to 25% and thus collected shares at the rate of ` 10,500/-. Several hundreds of persons were lured into that project, as, the interest offered was up to 25%. Some super markets were started at some places. Out of the amounts so collected from the depositors, portions of the amounts were unauthorizedly siphoned off to other institutions and companies without the knowledge of the depositors.
B.A.No.4139/2012
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of diverting the amounts collected from thousands of depositors and ultimately to cheat those depositors by putting forth one ground or other.
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Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. Hence it is
dismissed.
Sd/- N.K.BALAKRISHNAN, JUDGE.
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a cheating case involving diversified share collection.
Whether custodial interrogation is necessary given the amount involved and number of cheated depositors.
2 provisions across 2 enactments
Lalitha
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court