Dismissed

Nishob v. the Circle Inspector of Police

Kerala HC1 Apr 2013Bail Appl./1287/2013

Case brief

AI extract

What is this about?

Single bench order denying pre-arrest bail. Court directed petitioner to surrender by April 8, 2013, to enable interrogation and subsequent prompt bail consideration by the magistrate, denying relief under Section 438 CrPC due to insufficient criteria for discretionary bail.

What did the court decide?

Directed to surrender to investigating officer by 10:00 a.m. on 08.04.2013 for interrogation and subsequent production before magistrate for bail consideration.

Nishob Vs the Circle Inspector of Police — Cheating and Forgery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935

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Bail Appl..No. 1287 of 2013 ()

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CRIME NO. 335/2013 OF VADAKKUMCHERRY POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED :

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--------------------------------

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NISHOB, AGED 26 YEARS, S/O. SASI, MUDHIRAPARAMBIL VEEDU, JHALOOR DESOM, KALLUR VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT.

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BY ADV. SRI.RAJESH CHAKYAT

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RESPONDENT/COMPLAINANT :

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------------------------------------------

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1. THE CIRCLE INSPECTOR OF POLICE VADAKKUMCHERY, PALAKKAD DISTRICT REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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ADDL. R2 IMPLEADED :

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2. ASWATHI @ ARUNA, AGED 38 YEARS, D/O. CHAMY, W/O. UNNIKRISHNAN, MANMBULLYKALLAM HOUSE, NEAR OTTAPALAM RAIWAY STATION, PALAKKAD DISTRICT - 679101 ADDL.R2 IS IMPLEADED AS PAR ORDER DT 1/3/2013 ON CRL.M.A. 1985/2013.

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R BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. ADDL.R2 BY ADV. SRI.P.SANTHOSH (PODUVAL) ADDL.R2 BY ADV. SMT.R.RAJITHA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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S.S.SATHEESACHANDRAN, J

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----------------------------------------B.A.No.1287 of 2013

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-----------------------------------

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Dated this the 1^st day of April, 2013

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ORDER

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Petitioner is the accused in Crime No.335 of 2013 of Vadakkumchery Police Station registered for offences punishable under Sections 406, 420, 376, 493, 496 and 498 of the Indian Penal Code. That crime was registered on a complaint filed by the de facto complainant before the magistrate and its reference to police for investigation and report under Section 156(3) of the Code of Criminal Procedure (for short “the Code”). Petitioner has filed the above petition under Section 438 of the Code seeking discretionary relief of pre-arrest bail.

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Learned counsel for petitioner submits that petitioner had an affair with the de facto complainant and a marriage ceremony was also performed without petitioner knowing that she was previously married and has two children from such wedlock. He was defrauded and cheated by de facto complainant in entering into such a marriage and, later, he filed a petition for declaration

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B.A.No.1287 of 2013

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of his marriage with her as a nullity and also a criminal case against her, is his case. Subsequent to steps initiated by him as aforesaid, she filed a complaint imputing various penal offences on which the above crime was registered, according to counsel. Allegations raised in the complaint imputing various offences are totally false, and it is intended only to vex and harass him, is the submission of counsel.

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The de facto complainant impleaded as additional 2^nd respondent has entered appearance through a counsel. Learned counsel for additional 2^nd respondent/ de facto complainant would submit that petitioner knowing fully well that she was married and having two children developed an intimacy with her and induced her to have a marriage with him, separating her marital tie with her former husband. In fact, her condition was exploited and she was cheated by petitioner. After some marriage ceremony was conducted, and that too with the malafide intend to cheat her, he has abandoned her. Allegation imputed in her complaint are true to facts and petitioner is liable to be prosecuted for the offences thereof, is the submission of counsel.

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B.A.No.1287 of 2013

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Learned Public Prosecutor submits that investigation is now in progress and the materials gathered, prima facie, disclose sufficient reasons to suspect that petitioner has cheated the de facto complainant with false promises. His custodial interrogation is required for a fair investigation of the crime, is the submission of learned Public Prosecutor.

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After hearing the submissions made by counsel for petitioner and also learned Public Prosecutor, I find, this is not a fit case where petitioner can be extended the discretionary relief of pre-arrest bail. However, there will a direction enabling petitioner to surrender before the investigating officer and co-operate with the investigation.

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In case petitioner surrenders before the investigating officer before 10.00.a.m on 08.04.2013, after his arrest and interrogation, the investigating officer without delay shall cause his production before the jurisdictional magistrate. In such case, if any application is moved by petitioner for bail, then the magistrate shall consider it expeditiously, provided advance notice thereof has been given to the Assistant Public Prosecutor, and decide it on its merits, in accordance with law. If petitioner

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B.A.No.1287 of 2013

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fails to surrender before the investigating officer as directed, then, investigating officer is free to take appropriate steps to secure his presence for the purpose of investigation.

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Sd/S.S.SATHEESACHANDRAN JUDGE

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True Copy

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P.A.to Judge

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RKM

Nishob v. the Circle Inspector of Police

Case brief

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Nishob v. the Circle Inspector of Police

Case brief

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