This order dismisses a bail application by the sole accused facing charges under IPC Sections 406 and 420 for cheating. The court held that prima facie materials indicate the accused undertook to return gold ornaments but failed, making this an unfit case for pre-arrest bail.
Bail application dismissed; accused not entitled to pre-arrest bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
Bail Appl..No. 842 of 2016 ()
CRIME NO. 3475/2015 OF TOWN EAST POLICE STATION, TRISSUR DISTRICT
PETITIONER/ACCUSED:
THYAGARAJAN, AGED 48 YEARS, S/O. RAMASWAMY, DOOR NO. 15-B, PATTINA NAGAR, VADAVALLI, COIMBATORE-46.
BY ADVS.SRI.K.NIRMALAN SRI.A.RAJASIMHAN
RESPONDENT/STATE:
STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
SUNIL THOMAS, J.
B. A. No. 842 of 2016
Dated this the 3rd day of March, 2016
O R D E R
The petitioner is the sole accused in Crime No. 3475/2015 of Town East Police Station, Thrissur for offences punishable under Sections 406 and 420 of IPC.
3. The learned counsel for the petitioner contended that though the petitioner herein claims that he had entrusted the gold ornaments, there is absolutely no material to indicate the source of the gold, entrustment and undertaking given by the petitioner herein, for return.
B. A. No. 842 of 2016
2
there are certain materials to indicate that the petitioner had undertaken to return the gold ornaments.
Bail application is accordingly dismissed.
Sd/-
SUNIL THOMAS, JUDGE.
/true copy/
P. A. to Judge
Pn
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a criminal case involving cheating.
THYAGARAJAN
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
