At a hearing dismissing multiple bail applications, the court refused anticipatory bail to a bail applicant accused in several cases involving alleged visa fraud under s. 420 IPC.
Bail applications B.A. Nos. 4445, 4915, 4916, 4917, and 4918 of 2012 were dismissed, and the petitioner was apprehended.
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
TUESDAY, THE 17TH DAY OF JULY 2012/26TH ASHADHA 1934
Bail Appl..No. 4445 of 2012 () -----------------------------IN CRIME NO. 102/2011 OF CHITTARICKAL POLICE STATION
ACCUSED(S)/PETITIONER/1ST ACCUSED:
DENNYS GEORGE MANAR SILVER SHADOWS, ACERG 01 KAIKONDRAHALLY SARJAPURA ROAD, BANGLORE.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
COMPLAINANT(S)/RESPONDENT/STATE AND COMPLAINANT:
1. STATE OF KERALA.,
2. STATION HOUSE OFFICER,
PIN:671326.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-07-2012, ALONG WITH BA. 4915/2012, BA. 4916/2012, BA. 4917/2012, BA 4918/2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ds
N.K.BALAKRISHNAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - -
B.A. No. 4445, 4915, 4916, 4917 &
4918 OF 2012
- - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 17th day of July, 2012
O R D E R
The petitioner is the first accused in Crime Nos. 102/2011, 107/2011, 193/2011, 219/2011 and 446/2010. The offence alleged in these cases is under section 420 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.4445, 4915, 4916, 4917 & 4918 OF 2012/2012
-2-
there is no specific allegation that any amount was received by this petitioner or that this petitioner had induced any of the complainants to believe that visa would be arranged by him. According to the petitioner, he was only a mediator and had no connection with the arrangement of visa or the receipt of the money. This contention has been strongly resisted by the learned Public Prosecutor.
B.A.No.4445, 4915, 4916, 4917 & 4918 OF 2012/2012
-3-
contended by the prosecution that this petitioner has not at all co-operated with the Investigating Agency and that he has been always evading from the police officials.
B.A.No.4445, 4915, 4916, 4917 & 4918 OF 2012/2012
-4-
involvement of A1, A2 and A3 and that they had made inducement to the complainants to part with the money. In paragraph 4 of the complaint, a specific allegation was made that the first accused had told sunny that he had already sent 40 persons abroad with the visas provided by A2 and A3. It was stated that the complainant and others believed the version of accused persons including that of A1 that job visa would be arranged and for that purpose, each persons paid 1,60,000/- to 2,40,000/- depending on their qualification as service charges. To have a proper investigation, custodial interrogation of the petitioner is absolutely necessary.
Considering all the aspects, I am not inclined to grant bail to the petitioner. All these petitions are hence dismissed.
N.K.BALAKRISHNAN, JUDGE.
ds
Dennys George Manar
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
