Allowed

Paul Antony v. State of Kerala

Kerala HC27 Jan 2016Bail Appl./148/2016

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application for the first accused in a cheating case. The offence involved receipt of money for a job visa, which has a civil flavor. Bail was granted subject to appearance before the IO, interrogation, and a bond with sureties.

What did the court decide?

Anticipatory bail allowed subject to bond of Rs.40,000 with two sureties and conditions regarding appearance and conduct.

Paul Antony Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

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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 SUNIL THOMAS

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WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937

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Bail Appl..No. 148 of 2016

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CRIME NO. 46/2015 OF KUTHIYATHODE POLICE STATION, ALAPPUZHA

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PETITIONER(S):

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PAUL ANTONY, AGED 60 YEARS, S/O.ANTONY, ATTOKARAN HOUSE, KADUKUTTY, CHALAKUDY, THRISSUR DISTRICT.

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BY ADV. SRI.M.J.SANTHOSH

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

SUNIL THOMAS, J.

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B.A.No.148 of 2016

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Dated this the 27^th day of January, 2016

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ORDER

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Petitioner is the first accused in Crime No.46 of 2015 of Kuthiyathode Police Station for offence punishable under Section420 of the Indian Penal Code.

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The allegation of the de facto complainant is that the petitioner herein had received Rs.25,000/- as a portion of a sum for arranging a job visa for him. It is alleged that the second accused and the job recruitment agency were also given specified amounts but job was not arranged. It appears that towards the discharge of the above liability, a cheque was also given by the de facto complainant.

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Evidently, the question as to whether an element of cheating is involved is a matter to be established through the oral testimony of the de facto complainant. It has got a flavour of a civil nature also. Having regard to these facts, I am inclined to grant bail to the petitioner subject to the following conditions.

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(i) Petitioner shall appear before the Investigating Officer within ten days from today

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B.A.148/16

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and shall undergo interrogation. If he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

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(ii) He shall appear before the Investigating Officer as and when required for interrogation.

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(iii) He shall not get involved in any other identical offence and shall not threaten, coerce or intimidate the de facto complainant or his witnesses.

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The anticipatory bail application is allowed as above.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/27/1/16

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True Copy

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P A to Judge

Paul Antony v. State of Kerala

Case brief

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Paul Antony v. State of Kerala

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