High Court of Kerala allowed an anticipatory bail application filed by an accused in a cheating case. The court held custodial interrogation was unnecessary as the applicant had deposited the required sum and expressed willingness to cooperate.
Anticipatory bail granted subject to conditions including cooperation with investigation and a bond of Rs.1,00,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 21ST DAY OF JUNE 2018 / 31ST JYAISHTA, 1940
Bail Appl..No. 1497 of 2018
CRIME NO. 828/2017 OF CHAKKARAKKAL POLICE SATION , KANNUR
PETITIONER(S)/ACCUSED.
K.V. SUBHASH AGED 45 YEARS, S/O KRISHNAN, SREEPATHI, KANNAMPURAM, KANNUR DISTRICT.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S)/STATE:
1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682031, (CRIME NO.828/2017 OF CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT)
2. STATION HOUSE OFFICER, CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT-670101. (CRIME NO.828/2017 OF CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT)
BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IAP
RAJA VIJAYARAGHAVAN V, J.
B.A. No.1497 of 2018
Dated this the 21st day of June, 2018
ORDER
2.The applicant herein is arrayed as the accused in Crime No.828 of 2017 of the Chakkarakkal Police Station, registered under Section 420 of the IPC.
3.According to the de facto complainant, his son was affected by a rare skin ailment and he was asked to get in touch with the applicant, who was a known Astrologist. The applicant is alleged to have induced the de facto complainant to believe that the ailment would be cured if the patient is made to don an ornament studded with precious jewels. Believing the words of the applicant, the de facto complainant purchased the ornament from the applicant by expending a sum of Rs.20 lakhs. He later realised that the stones were stolen from one
Jayarajan and it would not yield the result that was assured. This led to the lodging of the complaint.
that the applicant is innocent of the allegations.
B.A.No.1497 of 2018 2
It is submitted that he was the Secretary of a Temple and alleging that he had committed theft of ornaments, a complaint was lodged against him based on which, Crime No. 421 of 2017 was initially registered. On similar allegations, another crime was registered as Crime No. 522 of 2017, when the arrest of the applicant in the earlier crime was ordered to be deferred by this Court. It is further submitted that this Court by Annexure-A1 order had granted bail to the applicant. Certain observations were made by this Court while allowing that application. The applicant was also ordered to deposit a sum of 5 lakhs which was duly deposited. It was much later,₹ the de facto complainant, who is having close connection with the complainant in Crime No.421 of 2017, has ventured to lodge a complaint against the applicant. It is further submitted
that the ornaments have been seized and his custodial interrogation is uncalled for. It is further urged that the applicant is prepared to co-operate with the investigation and being a person with permanent roots in the society, it is prayed that he be spared from the rigours of custodial interrogation.
B.A.No.1497 of 2018 3
(i)The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of two months or till final report is filed whichever is earlier.
B.A.No.1497 of 2018 4
ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
iii) The applicant shall not commit any similar offence while on bail.
iv) The applicant shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP //True Copy\ P.A to Judge
1 issue framed by the court
Whether custodial interrogation is necessitous for the effective investigation in a cheating case where the applicant has already deposited bail money.
1 provisions across 1 enactments
K.V. SUBHASH
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
