In this bail application, the court considered a petition by an accused facing charges of cheating for hiring and selling a car without returning it. The court held that the allegations were grave and the investigation was ongoing, deeming the case unfit for anticipatory bail.
Petition dismissed; anticipatory bail application refused.
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 B.KEMAL PASHA
MONDAY, THE 15TH DAY OF DECEMBER 2014/24TH AGRAHAYANA, 1936
Bail Appl.No. 8401 of 2014
CRIME NO. 1919/2014 OF PATHANAMTHITTA POLICE STATION, PATHANAMTITTA
PETITIONER(S)/ACCUSED:
RAJESH KUMAR, AGED 34 YEARS, S/O. RAJAN, ELAMAYIL LAKSHAM VEEDU COLONY, KADAKKAD, PANDALAM.
BY ADVS.SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN SMT.SANJANA R.NAIR SRI.K.J.JOSEPH (ERNAKULAM) SRI.V.JOHN THOMAS
RESPONDENT(S)/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
B.KEMAL PASHA, J.
====================
B.A. No.8401 of 2014
=====================
Dated this the 15th day of December, 2014
O R D E R
Petition filed under Section 438 Cr.P.C.
2014 of the Pathanamthitta Police Station, registered for the offences punishable under Section 420 IPC.
B.A.No.8401 of 2014
-: 2 :-
and furnished a First Information Statement stating that the car was sold to one Aboobaker Siddhique and he had failed
to pay the balance amount or to return the car.
a long way to go. Considering the seriousness of the allegations against the petitioner and the present stage of the investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is dismissed.
Sd/-
B. KEMAL PASHA JUDGE
DSV/15/12
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of cheating by fraudulently hiring and selling a car.
Whether the seriousness of allegations and stage of investigation permit granting bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
RAJESH KUMAR
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
