The Kerala High Court granted anticipatory bail to the 3rd accused in a cheating case involving email spoofing and funds misappropriation. The Court relied on the fact that the underlying dispute was settled and the 2nd accused had already been granted bail.
Anticipatory bail granted; to be released on bond of Rs. 50,000/- with two solvent sureties.
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
TUESDAY, THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940 Bail Appl..No. 4379 of 2018
CRIME NO. 609/2018 OF KODUNGALLUR POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.3:
DIVYA, AGED 40 YEARS, D/O.PRABHAKARAN, MULLAPPILLIL, SANTHIPURAM, THRISSUR.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 031 (CRIME NO.609/2018 OF KODUNGALLUR POLICE STATION, THRISSUR DISTRICT).
2 STATION HOUSE OFFICER, KODUNGALLUR POLICE STATION, THRISSUR DISTRICT - 680 664(CRIME NO.609/2018 OF KODUNGALLUR POLICE STATION, THRISSUR DISTRICT).
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
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Kodungalloor. The amount transferred as above was misappropriated by the accused.
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learned counsel. Sri.Sunil Shankar has submitted that the entire amount has been transferred to the nominated account and the 2nd respondent has no further grievance. In that view of the matter, the custodial interrogation of the applicant herein does not appear to be necessary for an effective investigation in the instant case.
order shall be subject to the following conditions:
i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed to do so.
ii) She 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) She shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application
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for cancellation, if any, and pass appropriate orders in accordance
with the law.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/26/9/18
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant in a cheating and forgery case.
1 provisions across 1 enactments
DIVYA
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
