Bail application allowed for 1st accused charged with cheating via false promise of marriage to a disabled cancer patient. Court ordered bail subject to surrendering the deposited sum, providing sureties, and complying with reporting conditions.
Allowed; released on bail on bond of Rs.50,000 with two sureties and deposited the Demand Draft.
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
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940
CRIME NO. 523/2018 OF KATTAPPANA POLICE STATION , IDUKKI
PETITIONER(S)/ACCUSED NO.1
SANTHOSH, S/O.PARTHASARADHY,AGED 60 YEARS, KAMATTATH HOUSE, KOCHARA BHAGOM,PUTTADY KARA, ANAKARA VILLAGE,UDUMBANCHOLA, IDUKKI DISTRICT 685551 BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES SRI.SETHURAM DHARMAPALAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REP.BY STATION HOUSE OFFICER, KATTAPPANA POLICE STATION, IDUKKI DISTRICT 686 505, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
R BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AD
RAJA VIJAYARAGHAVAN V, J
B.A No.3383 of 2018
Dated this the 22nd day of June, 2018
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure.
B.A No.3383 of 2018 2
the Crime. Though the mother of the applicant was also arrayed as the 2nd accused initially, she was removed later.
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Rs.30,000/- by way of Demand Draft in retribution to his acts. It is not reported that the applicant is a person with criminal antecedents. Further detention in custody in the facts and circumstances does not appear to be required.
1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.
2). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
3). The applicant shall not commit any offence while he is on bail.
5). 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
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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 //TRUE COPY//
P.A TO JUDGE
AD
2 issues framed by the court
Whether the applicant accused of cheating under IPC 300 B is entitled to bail.
Whether the voluntary deposit of money discharges the entire amount claimed by the victim.
1 provisions across 1 enactments
Santhosh
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
