Allowed

Joy P George v. State of Kerala

Kerala HC23 Aug 2016Bail Appl./5707/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application for pre-arrest bail under Section 438 Cr.P.C. in a cheating case. The court observed suspicious dishonest intentions but noted that parties had reached a compromise and partial repayment was made. Bail was granted subject to conditions.

What did the court decide?

The petitioner is released on bail via a bond with two solvent sureties for Rs.50,000/- each, subject to conditions regarding regular reporting, non-intimidation of witnesses, and payment of the balan

Joy P George 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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TUESDAY, THE 23RD DAY OF AUGUST 2016/1ST BHADRA, 1938

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Bail Appl..No. 5707 of 2016 ()

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------------------------------CRIME NO. 2448/2016 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA

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PETITIONER :

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JOY P GEORGE, PARAKKAEL PUTHENPURAYIL HOUSE, VETTIPURAM, PATTANAMTITTA DISTRICT, PIN-689 645

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BY ADV. SRI.RENJITH THOMAS

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RESPONDENT :

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STATE OF KERALA, SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031

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BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P. UBAID, J

B.A.No.5707 of 2016

Dated this the 23^rd day of August, 2016

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O R D E R

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The petitioner herein seeks pre-arrest bail under Section 438 Cr.P.C., on the apprehension of arrest in Crime No.2448/2016 of the Pathanamthitta Police Station, under Section 420 IPC.

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The prosecution case is that under a promise that he

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would arrange visa to the complainant's son for employment in Kuwait as nurse, the petitioner received Rs.17,40,000/-, but later, he did not provide visa as agreed, and thus cheated the complainant without returning the amount. On a perusal of the entire materials, I find that things as regards the dishonest intention to cheat, alleged in the complaint, are really suspicious. Now, there is police report that after registration of the crime, the parties came to terms, and the complainant has already received an amount of Rs.12 Lakhs. As regards the balance amount of Rs.8,25,000/-, the parties executed an agreement, and the petitioner is bound to make such payment

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B.A.Nos.5707 of 2016

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before 15.09.2016. Thus, part of the amount has already been paid, and as regards the balance, the parties have come to terms. In such a situation, pre-arrest bail can well be granted to the petitioner. Let the parties honour the terms of the agreement, and in case the petitioner failed to make payment of the balance amount in time, appropriate legal action can be taken by the complainant.

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In the result, this application is allowed. In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No.2448/2016 of the Pathanamthitta Police Station. Bail is granted on condition that,

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a) The petitioner shall report before the

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investigating officer between 10 am. and 11 am on all Mondays for a period of two months.

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b) The petitioner shall not in any manner

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influence or intimidate the material witnesses, or he shall not have any contact with the material witnesses

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B.A.Nos.5707 of 2016

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directly or over telephone or otherwise, except for the purpose of making payment of the balance amount as

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per the agreement executed between them.

Sd/P.UBAID, JUDGE

// True Copy //

P.A. to Judge

Joy P George v. State of Kerala

Case brief

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Joy P George v. State of Kerala

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