Allowed

Naresh v. the State of Kerala

Kerala HC20 Jan 2015Bail Appl./146/2015

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application filed by accused persons charged with cheating. Relying on the pendency of the final report, the court granted coercive bail subject to reporting conditions and non-tampering with evidence.

What did the court decide?

Petitioners enlarged on bail of Rs. 1,00,000 each with two solvent sureties and directed to report to IO on Tuesdays and Fridays.

Naresh Vs the State of Kerala — Cheating and Forgery | Kerala HC (2015)

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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 B.KEMAL PASHA

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TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936

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Bail Appl..No. 146 of 2015 ()

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CRIME NO. 1650/2014 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT

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PETITIONERS/ACCUSED NOS.2 & 3 :

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1. NARESH, AGED 47 YEARS S/O.DIVAKARAN P.K., GOKULAM HOUSE CHERUKUNNAM, ANAYADI P.O.,

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PATHANAMTHITTA DISTRICT

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PIN - 691 523.

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2. SUJATHA ,AGED 42 YEARS W/O.NARESH, GOKULAM HOUSE, CHERUKUNNAM ANAYADI P.O., PATHANAMTHITTA DISTRICT, PIN -691 523.

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BY ADV. SRI.P.A.MUJEEB

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RESPONDENT/COMPLAINANT :

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THE STATE OF KERALA THROUGH THE S.I OF POLICE, KALAMASSERY POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM COCHIN - 31.

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BY PUBLIC PROSECUTOR SRI. BINDU GOPINATH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.KEMAL PASHA, J.

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................................................................ B.A. No.146 of 2015

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............................................................... Dated this the 20^th day of January, 2015

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O R D E R

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Petition filed under Section 439 Cr.P.C.

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Petitioners are A2 and A3 respectively in Crime No.1650/2014 of the Kalamassery Police Station, Ernakulam registered for the offences punishable under Sections 406, 420 and 120(B) read with Section 34 of the Indian Penal Code.

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The allegation against the petitioners is that by offering an employment to the defacto complainant in an oil company named Abridden in UK, they accepted copies of the passport and certificates of the defacto complainant and also an amount of ₹1,20,000/- from him, thereby he was defrauded and cheated, and they have not cared to provide

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B.A.No.146 of 2015

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-: 2 :-

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the employment as offered. The petitioners have been in custody for the period from 26.10.2014 onwards.

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Heard learned counsel for the petitioners and the

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learned Public Prosecutor. Perused the CD.

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The contents of the CD, prima facie, reveal the complicity of the petitioners. Even though the petitioners have been in custody for the period from 26.10.2014 onwards, final report has not been filed so far in the matter. Matters being so, the petitioners are entitled to compulsive bail under Section 167(2) Cr.P.C.

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In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-

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(i) The petitioners shall report before

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B.A.No.146 of 2015

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-: 3 :-

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the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 27.01.2015 for a period of six months.

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(ii) The petitioners shall not tamper with the evidence or influence witnesses.

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(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.

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(iv) The petitioners shall not involve in any offence while on bail.

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It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of

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bail.

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Sd/- B.KEMAL PASHA, JUDGE

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ul/-

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[True copy] P.S. to Judge

Naresh v. the State of Kerala

Case brief

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Naresh v. the State of Kerala

Case brief

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