Allowed

Mr. T. Kumaresan v. State of Kerala

Kerala HC8 Sept 2016Bail Appl./5656/2016

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to three accused persons facing charges of cheating. The court held the transaction had more civil than criminal consequences and deemed custodial interrogation unnecessary, ordering periodic reporting.

What did the court decide?

Petitioners ordered to be released on bail by executing a bond with two solvent sureties for Rs. 50,000 each, subjected to reporting conditions and restrictions on leaving the police station limits.

Mr. T. Kumaresan 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 P.UBAID

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THURSDAY, THE 8TH DAY OF SEPTEMBER 2016/17TH BHADRA, 1938

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Bail Appl..No. 5656 of 2016 ()

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CRIME NO. 4/2016 OF PARAMBIKULAM POLICE STATION,PALAKKAD DISTRICT

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PETITIONER(S)/ACCUSED:

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1. MR. T. KUMARESAN, AGED 30 YEARS, S/O.THANGAMANI, 81-ODAIAYAKULAM, POLLACHI TALUK, COIMBATORE, TAMIL NADU.

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2. MR.N.ESWARAMOORTHY, AGED 32 YEARS, S/O.NATARAJAN, 24/17 PUTHAIYAN STREET, VETTAIKARAN PUDUR, POLLACHI TALUK, COIMBATORE, TAMIL NADU.

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3. MR.N.KALIDASS, AGED 30 YEARS, S/O.NARAYANAN, 33, O.S.P. STREET, W.NO.3, UDAYA KULAM, POLLACHI, COIMBATORE, TAMIL NADU.

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BY ADVS.SRI.SHAJI THOMAS SRI.B.RAJESH (KOTTAYAM) SRI.H.KIRAN

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.

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2. SUB INSPECTOR OF POLICE, PARAMBIKULAM POLICE STATION, PALAKKAD DISTRICT- 678 661, KERALA STATE.

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BY PUBLIC PROSECUTOR SRI.SAJJU.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.UBAID, J.

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B.A No.5656 of 2016

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Dated this the 8^th day of September, 2016

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O R D E R

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The petitioners herein are the accused Nos.3, 1 and 2 respectively in Crime No.4/2016 of the Parambikulam Police Station, registered under Sections 406, 468, 471 and 420 of the Indian Penal Code. They seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police.

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The prosecution case is that these three petitioners cheated the complainant by receiving money under a tourist package, thus causing a loss of 48,000/-.₹

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On a perusal of the materials including the complaint, I find that the transaction will have more civil consequences than criminal consequences. It is really doubtful whether this is infact a case of cheating. Anyway, in the nature of the allegations and the materials so far collected, I feel it appropriate to grant pre arrest bail to the petitioners. The police has already collected the required materials even without interrogation of the petitioners and the investigation

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B.A No.5656 of 2016

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has gone a long way. Interrogation of the petitioners in custody is not felt necessary in the above situation. It will suffice that the petitioners are directed to report before the investigating officer periodically. However, some other conditions are also felt necessary for bail.

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In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for 50,000/-₹ (Rupees fifty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that

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a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Thursdays for a period of two months.

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b) The petitioners shall not leave the limits of Parambikulam Police Station for a period of two months.

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c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.

Sd/-

P.UBAID JUDGE

//True Copy//

Mr. T. Kumaresan v. State of Kerala

Case brief

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Mr. T. Kumaresan v. State of Kerala

Case brief

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