This bail application was dismissed. The petitioners, accused under Sections 406 and 420 IPC, were found not fit for anticipatory bail as custodial interrogation was deemed necessary for investigation.
Anticipatory bail application is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935
Bail Appl..No. 1589 of 2014 ()
CRL.M.C.NO.293/2014 of I ADDL. SESSIONS COURT, ERNAKULAM
CRIME NO. 234/2014 OF KADAVANTHRA POLICE STATION , ERNAKULAM
PETITIONERS /ACCUSED NOS.1 & 2:
D/O.BALAKRISHNA MUDALIYAR, MANAGING DIRECTOR
CANTROY CAREER GUIDANCE (P)LTD, 37/1042 B&C, IST FLOOR SUBASH CHANDRA BOSE ROAD, JAWAHAR NAGAR, KADAVANTHARA KOCHI-682020.
S/O.VIJAY PAUL, CHIEF EXECUTIVE OFFICER CANTROY CAREER GUIDANCE(P)LTD., 37/1042 B&C, 1ST FLOOR SUBASH CHANDRA BOSE ROAD, JAWAHAR NAGAR, KADAVANTHARA KOCHI-682020.
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT/COMPLAINANT:
REPRESENTED BY THE SUB INSPECTOR OF POLICE
KADAVANTHARA POLICE STATION
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ADDL. R2 IMPLEADED :
ADDL.R2 BY ADV. SRI.M.A.BABY ADDL.R2 BY ADV. SRI.P.A.AUGUSTIAN R1 BY DIRECTOR GENERAL OF PROSECUTION SRI.T.ASAF ALI.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06-03-2014, THE COURT
ON 7.3.2014 PASSED THE FOLLOWING:
M.L.JOSEPH FRANCIS, J.
Bail Application No.1589 of 2014
Dated 7th March, 2014
O R D E R
Petitioners are accused Nos.1 and 2 in Crime No.234/14 of Kadavanthara Police Station registered for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code.
persons, with the intention to cheat the defacto complainants, obtained a total amount of `15,00,000/- promising that they would give training and certificate in Cruise Ship Diploma Programme and the defacto complainants would be sent to Canada with work permit. In spite of that, they did not give training certificate and did not send them to Canada and thus they committed the aforesaid offences.
B.A.No.1589 of 2014
2
programme, the Institute is also having student exchange programme with institutes abroad.
also opposed the anticipatory bail application.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
2 issues framed by the court
Whether anticipatory bail should be granted to accused persons charged with offences of cheating and criminal breach of trust.
Whether custodial interrogation is necessary for the proper investigation of the case.
1 provisions across 1 enactments
Esperance Lamba
Vijay.V
State of Kerala
Mona Momeni Zahmatkesh
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
