Allowed

Murali Menon v. State of Kerala

Kerala HC6 Dec 2013Bail Appl./7922/2013

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to petitioners accused under Sections 402, 406, 468, and 420 IPC. The court directed surrender for interrogation and imposed conditions including conditional release on bond, fixed deposits, and periodic reporting, with possible cancellation of bail upon violation.

What did the court decide?

Petitioners released on bail subject to execution of bond, payment of deposit, and fulfillment of reporting and attendance conditions.

Murali Menon Vs State of Kerala — Cheque Dishonour | 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 THOMAS P.JOSEPH

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FRIDAY, THE 6TH DAY OF DECEMBER 2013/15TH AGRAHAYANA 1935

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Bail Appl..No. 7922 of 2013 ()

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------------------------------CRIME NO. 1122/2013 OF CENTRAL POLICE STATION , ERNAKULAM DISTRICT

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PETITIONERS/ACCUSED NO.1 & 2:

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1. MURALI MENON, AGED 47 YEARS, S/O.PADMANABHA MENON, ROYAL PARK, CHALIKKAVATTOM, VYTILLA, ERNAKULAM.

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2. MADAN MOHAN, AGED 53 YEARS, S/O.GANGADHARA MENON, VADAVATTATH HOUSE, PARAVUR, ERNAKULAM.

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BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN

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RESPONDENTS/STATE:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. [CRIME NO.1122/2013 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT]

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2. STATION HOUSE OFFICER,CENTRAL POLICE STATION, ERNAKULAM DISTRICT-682 031. [CRIME NO.1122/2013 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT]

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BY PUBLIC PROSECUTOR SRI. SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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THOMAS P. JOSEPH, J

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B.A.No.7922 of 2013

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Dated this the 6^th day of December, 2013

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ORDER

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Petitioners are accused Nos. 1 and 2, in Crime No.1122 of 2013 of the Central Police Station, Ernakulam for the offences punishable under Sections 402, 406, 468 and 420 of the Indian Penal Code, apprehend arrest and have filed this application.

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Learned Public Prosecutor has submitted that as per version of the defacto complainant who preferred a complaint before the jurisdictional magistrate and which was sent for investigation Section 156(3) of the Cr.P.C, the first petitioner created a forged agreement as if it is executed by Dr.P.P.Chacko and his wife which allowed the first petitioner to construct Villas in the property of the said Dr.P.P.Chacko and wife. On the strength of that agreement, the petitioners induced the defacto complainant to believe that Villa could be allotted to him and in instalments, collected Rs.30 lakhs. The petitioners cheated the defacto complainant.

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Learned Public Prosecutor submitted that the agreement allegedly executed between the first petitioner and Dr.P.P.Chacko and his wife was limited for a period of one year. Even after the said period the petitioners, claiming right

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B.A.No.7922 of 2013

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under the said agreement induced the defacto complainant to pay money.

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Learned counsel submits that there is no scope for attracting the offence under Section 402 of the Indian Penal Code on the allegations made. It is also submitted that the first petitioner had an agreement with Dr.P.P.Chacko and his wife where consideration for one cent was fixed at Rs.1 lakhs but, the consideration fixed between the defacto complainant and the first petitioner was Rs.1,60,000/- per cent. There was some dispute regarding that between the petitioners and the defacto complainant and thereon, the defacto complainant has preferred the complaint. It is submitted that the balance amount payable to the defacto complainant as per negotiation is only Rs. 3 lakhs which the learned counsel says, the petitioners are prepared to pay.

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Having regard to the nature of the allegations, I am inclined to issue the following directions.

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a) Petitioners shall surrender before the officer investigating Crime No.1122 of 2013 of the Central Police Station, Ernakulam on 12-12-2013 at 10 a.m for interrogation.

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b) If interrogation of the petitioners could not

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B.A.No.7922 of 2013

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completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply.

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c) Petitioners shall co-operate with investigating of the

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case.

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d) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate on the same day.

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e) On such production, the petitioners shall be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

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i) Petitioners shall report to the officer investigating

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the case on every Saturday between 10 a.m and 12 p.m for a period of two months or until filing of the final report, whichever is earlier.

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ii) Petitioners shall report to the officer investigating the case as and when required for interrogation.

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iii) Petitioners shall deposit of Rs.5,00,000/-(Rupees

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B.A.No.7922 of 2013

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five lakhs only) in a Nationalized Bank in their names jointly and produce the FD receipt before the learned magistrate within a month of their release on bail.

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iv) In case the case is decided against the petitioners or any of them and they are directed to pay compensation or, the case is otherwise dispoed which enables the defacto complainant to receive any amount from any of the petitioners, such compensation can be realized from the amount in deposit to the extend it is possible.

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v) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR

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2006 SC 100).

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Sd/-

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THOMAS P. JOSEPH, JUDGE.

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/True Copy/

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P.A. to Judge