Allowed

Chenattil Sudheerkumar v. State of Kerala

Kerala HC5 Apr 2017Bail Appl./901/2017

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C. for cheating and criminal breach of trust, the court found the prosecution case doubtful as the deceased's wife denied misappropriation allegations. Hence, bail was allowed subject to conditions.

What did the court decide?

Application allowed; petitioner released on bail on executing a bond of Rs. 25,000 with two solvent sureties and complying with standard bail conditions including passport surrender.

Chenattil Sudheerkumar Vs State of Kerala — Cheating and Forgery | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939

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Bail Appl..No. 901 of 2017 () -----------------------------CRIME NO. 1764/2016 OF PERINGOME POLICE STATION, KANNUR

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PETITIONER(S)/PETITIONER/ACCUSED:

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CHENATTIL SUDHEERKUMAR, AGED 50 YEARS, S/O.CHENATTIL GOURI, ECHILAMVAYAL, P.O.KANKOLE-670 307, VIA PAYYANNUR, KANNUR DISTRICT

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BY ADVS.SRI.M.SASINDRAN SRI.P.K.SUBHASH

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RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031

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2. THE STATION HOUSE OFFICER, (CRIME NO.1764/2016 OF PERINGOME POLICE STATION), KANNUR DISTRICT-670307

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*ADDITIONAL R3 IMPLEADED

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3. K.V.LAKSHMI, W/O. P.P.KRISHNAN, AGED 67 YEARS, KALLARA VALAPPIL, KUNDAYAM KOVVAL, P.O.KANKOLE-670 307, KANNUR DISTRICT

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*ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 2.3.2017 IN CRL.M.A.NO.2371/2017

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R1-R2 BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SKG

K.ABRAHAM MATHEW, J.

B.A.No.901 of 2017

Dated this the 5^th day of April, 2017

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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The petitioner is accused in Crime No.1764/2016 of Peringome Police Station registered for the offences under Sections 406 and 420 IPC. After prolonged treatment in a hospital the son of the complainant died as he was not able to meet the expenses of the treatment. Certain well-wishers collected amount for his treatment and allegedly it entrusted to the petitioner. The proceeds from mortgaging the property of the complainant also was entrusted to the petitioner. It is alleged that he misappropriated the amount.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The complainant is the mother of the deceased. The wife of the deceased has given statement to the investigating officer that the petitioner did not misappropriate any amount. So, the prosecution case has become doubtful now. For this reason I am inclined to grant the prayer of the petitioner.

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In the result, the application is allowed.

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The petitioner shall be released on bail after

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B.A.No.901 of 2017

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interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum if he is arrested by the investigating officer in connection with this case.

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He shall appear before the investigating officer for interrogation if he is so required by him in writing.

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He shall surrender his passport before the lower

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court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.

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He shall not intimidate or attempt to influence

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the witnesses, nor shall he get himself involved in any other criminal case.

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He shall not destroy or tamper with evidence.

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He shall not leave the State of Kerala without the

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previous permission of the court of enquiry or trial court as the case may be.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

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Sd/-

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//True Copy // P.A.to Judge

Chenattil Sudheerkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chenattil Sudheerkumar v. State of Kerala

Case brief

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What did the court decide?

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