The High Court of Kerala rejected an application for anticipatory bail filed by an accused alleged to have cheated a complainant out of money and gold ornaments. The court noted the gravity of the offences and the likelihood of committing further similar acts as grounds for denial.
Request for anticipatory bail is rejected.
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
MONDAY, THE 17TH DAY OF MARCH 2014/26TH PHALGUNA, 1935
Bail Appl..No. 1544 of 2014 ()
IN CRMC 287/2014 of I ADDL.SESSIONS COURT, ERNAKULAM 22.02.2014 CRIME NO. 147/2014 OF VADAKKEKARA POLICE STATION , ERNAKULAM
ACCUSED(S):
SUMA, AGED 41 YEARS, W/O. GIPSON, KONATH HOUSE GOTHURUTH, NORTH PARAVUR, ERNAKUALM
BY ADVS.SRI.GOPAKUMAR G. (ALUVA) SMT.ANUPAMA JOHNY
COMPLAINANT(S):
R BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==========================
B.A. No. 1544 of 2014
=================================== Dated this the 17th day of March, 2014
ORDER
The petitioner is the one of the accused. The other accused is her husband. The offences alleged are under Secs.406 and 420 r/w 34 IPC. Apprehending arrest, this application is filed.
-: 2 :-
B.A. No.1544/2014
that her husband (the other accused) is a cancer patient.
-: 3 :-
B.A. No.1544/2014
allegation that the accused will terrorize or influence the witnesses and would tamper with the evidence and witnesses and would hamper with the smooth investigation has also been duly considered. In these circumstances, I am not inclined to grant pre-arrest bail to the accused.
Hence, the request for anticipatory bail is rejected.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy // PA to Judge
2 issues framed by the court
Whether anticipatory bail is grantable to an accused facing allegations of cheating and criminal breach of trust.
Whether the possibility of striking a balance between personal liberty and society's interest justifies grant of bail in the present facts.
2 provisions across 2 enactments
SUMA (wife of GIPSON)
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
