Allowed

Krishnendu v. State of Kerala

Kerala HC16 Jan 2018Bail Appl./165/2018

Case brief

AI extract

What is this about?

Bail applications against accused in cheating cases were allowed. The High Court found prolonged detention unwarranted as investigation concluded. Bail granted subject to standard conditions including sureties, passport surrender, and no leaving Kerala.

What did the court decide?

Petitioners released on bail subject to execution of bond with two sureties, surrender of passport, no leaving Kerala, and no tampering with evidence.

Krishnendu Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939

¶5

Bail Appl. No. 165 of 2018

¶6

---------------

¶7

CRIME NO. 1120/2017 OF PALARIVATTOM POLICE STATION , ERNAKULAM

¶8

PETITIONER/ACCUSED NO.2:

¶9

KRISHNENDU, D/O. SADANANDAN, AGED 21 YEARS, EARATH HOUSE, CHIRALAYAM DESAM, KUNNAMKULAM VILLAGE, THRISSUR (DT.).

¶10

BY ADV.SMT.K.V.BHADRA KUMARI

¶11

RESPONDENT/COMPLAINANT:

¶12

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

¶13

BY PUBLIC PROSECUTOR SRI. AJITH MURALI

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2018 ALONG WITH B.A. NOS.169 & 170 OF 2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

RAJA VIJAYARAGHAVAN V., J

¶16

= = = = = = = = = = = = = = = = = = B.A. Nos. 165, 169 & 170 of 2018 = = = = = = = = = = = = = = = = = = Dated this the 16^th day of January, 2018

¶17

ORDER

¶18

These petitions are filed under Section 439 of the Code of Criminal Procedure.

¶19

The petitioner herein is the first accused in Crime No.745/2017 of the Varapuzha Police Station now pending as C.C.No.322 of 2017 on the file of the Judicial First Class Magistrate-III, North Paravur. She has also been arrayed as the 1^st accused in Crime No.1120/2017 of the Palarivattom Police Station now pending as C.C.No.1386 of 2017 on the file of the Judicial First Class Magistrate-I, Mattannur. She is also the 2^nd accused in C.C.No.1413 of 2017 of the Judicial Magistrate of the First Class-I, Mattannur.

¶20

The allegation is that the petitioner herein along with coaccused with intent to cheat the respective complainants induced them to believe that the accused were commencing a textile business at Sharjah in the name and style “RUBISTILO”. Assuring that they would be provided with

¶21

B.As. 165, 169 & 170 of 2018

¶22

-:2:-

¶23

employment, large sums of money were accepted. On the failure of the petitioner herein and the co-accused to re-pay the amounts accepted or to provide the job, separate complaints were preferred and crimes were registered.

¶24

The learned counsel appearing for the petitioner submitted that the petitioner herein is a 21 year old girl, who was studying for Fashion Technology at Bangalore. She has been implicated on the ground that the monetary transactions were through the account maintained by her in the Axis Bank. It is submitted that the petitioner is in judicial custody from 01.07.2017 onwards and her formal arrest was recorded in some of the cases later. It is prayed that she be released on bail having regard to the long period of detention undergone by her.

¶25

The learned Public Prosecutor has opposed the prayer. It is submitted that not less than 80 persons were defrauded by the petitioner and the co-accused. According to the learned Public Prosecutor, several innocent persons have lost substantial sums of money and not even a single Paise has

¶26

B.As. 165, 169 & 170 of 2018

¶27

-:3:-

¶28

been recovered. Contending that the allegations are extremely grave, it is prayed that this petition be dismissed.

¶29

I have considered the submissions advanced and have gone through the case diary.

¶30

The petitioner is a 21 year old girl and though serious allegations are levelled the fact remains that she has been undergoing incarceration from 1.7.2017. The investigation has been completed and final report has been laid. Further detention in the facts and circumstances does not appear to be warranted.

¶31

In the result, these petitions are allowed. However, it shall be subject to the following conditions:

¶32

(a) The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

¶33

(b) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

¶34

(c)The petitioner shall surrender her passport before the court below or if she does not have one, she shall file an affidavit to that effect within five days of her release. Application for release of the passport, if

¶35

-:4:-

¶36

B.As. 165, 169 & 170 of 2018

¶37

any, shall be considered by the Trial court at the appropriate stage.

¶38

(d) The petitioner shall not leave State of Kerala without prior permission of the jurisdictional court.

¶39

(e) The petitioner shall not commit any offence while she is on bail.

¶40

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.

¶41

Sd/- Raja Vijayaraghavan V., Judge

¶42

krj.16/1

¶43

-:5:-

¶44

B.As. 165, 169 & 170 of 2018

¶45

The following corrections are carried out in the common final order dated 16.01.2018 in B.A. Nos. 165, 169 and 170 of 2018:

¶46

The words “ Crime No.1120/2017 of the Palarivattom Police Station ” occurring in the 5^th and 6^th lines of 2^nd paragraph of the final order are corrected and substituted as “ Crime No. 385/2017 of Ulickal Police Station, Kannur”, vide order dated 24-01-2018 in Crl.M.A. No.663/3018 in B.A. No. 169/2018 .

¶47

The words “ in Crime No. 386/2017 of Ulickal Police Station, Kannur ” are inserted after the words “2^nd accused” occurring in the 8^th line of the final order, vide order dated Crl.M.A. No.664/2018 in B.A. No.165/2018.

¶48

Sd/-

¶49

Registrar (Judicial)

Krishnendu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Krishnendu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prof Capt. v.C.James Vs State of Kerala

Anuraj Manoharan Vs State of Kerala

Athul @ Monkuttan Vs State of Kerala

Raziya Salam Vs State of Kerala

Nujab Vs State of Kerala

Muhammed Anas Vs State of Kerala