The Court allowed an anticipatory bail application filed by a petitioner accused of cheating under Section 420 IPC. The Court granted bail subject to conditions including interrogation, surrendering passport, and non-contact with witnesses.
Bail granted on execution of a bond of Rs.50,000 with two sureties for the like sum each, subject to specific conditions.
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 SUNIL THOMAS
TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
Bail Appl..No. 4595 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMP 1311/2018 of SESSIONS COURT, KOTTAYAM DATED 29-06-2018 CRIME NO. 614/2018 OF THALAYOLAPARAMBU POLICE STATION , KOTTAYAM
PETITIONER(S)/ACCUSED:
A.J.JOSEPH, AGED 54,RESIDING AT AMARATHUPARAMBIL,KALATHOOR.P.O, KURUVILANGAD,KOTTAYAM-686632.
BY ADVS.SRI.M.T.SURESHKUMAR SRI.SANTHAN V.NAIR SMT.MARGERET K. JAMES
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER,THALAYOLAPARAMBU POLICE STATION,REPRESENTED BY THE STATE PUBLIC PROSECUTOR,HIGH COURT OF KERALA-31.
R BY PUBLIC PROSECUTOR:SRI T R RENJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
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B.A.No.4595 of 2018
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Dated this the 24th day of July, 2018
ORDER
Petitioner herein allegedly offered a job to the defacto complainant on payment of a consideration of Rs.10,00,000/-. He received Rs.5,00,000/- on 29.01.2016 and an agreement was stated to be executed. Thereafter, he failed to pay the money or the job. Crime was registered alleging offence punishable under section 420 of the Indian Penal Code as Crime No.614 of 2018 of Thalayolaparambu Police Station and is pending. Apprehending arrest, petitioner seeks bail.
(I) Petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on
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2
bail on he executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each.
(ii) He shall surrender his passport within ten days from the execution of the bond and if he is not in possession of the passport, file an affidavit to that effect. Further direction regarding release of it can be considered by the jurisdictional court.
(iii) He shall also produce before the investigating officer documents, if any, in his possession, in relation to the above transaction, his passbook, details of the bank account, which are found essential for the further course of investigation and if such demand for its production is made by the investigating officer. He shall appear before the investigating officer on Saturdays between 9 a.m. and 10 a.m. for a period of two months from the date of execution of the bond.
(iv) He shall not threaten, coerce or intimidate the defacto complainant and witnesses. (v) He shall not get involved in any other offence.
Anticipatory bail application is allowed.
SUNIL THOMAS
Sd/
B.A.4595/18
3
Judge
Sbna/24/7/18
/true copy/ PS to Judge.
2 issues framed by the court
Whether bail should be granted to the petitioner apprehending arrest in a cheating case.
Under what conditions the petitioner should be released on bail.
1 provisions across 1 enactments
A.J.JOSEPH
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
