Allowed

Rajan.v v. the State of Kerala

Kerala HC6 Dec 2018Bail Appl./6747/2018

Case brief

AI extract

What is this about?

In a cheating case where the accused mortgaged property, took a loan, and subsequently sold a portion of the mortgaged property without the mortgagee's knowledge, the High Court of Kerala allowed the petition for anticipatory bail, directing the accused to appear for interrogation.

What did the court decide?

Anticipatory bail granted on conditions including appearing before the Investigating Officer within 10 days, undergoing interrogation, and not intimidating witnesses.

Rajan.v Vs the State of Kerala — Cheating and Forgery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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THURSDAY, THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

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Bail Appl..No. 6747 of 2018

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CRIME NO. 118/2018 OF NILESHWAR POLICE STATION, KASARGOD

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PETITIONER/ACCUSED:

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RAJAN.V AGED 41 YEARS S/O. C. RAGHAVAN NAIR, VENGAYIL HOUSE, CHAMAKUZHI, CHAYYOTH P O, NILESHWAR (VIA) HOSDURG TALUK.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENTS/COMPLAINANT/STATE:

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1 THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE STATION HOUSE OFFICER, (CRIME NO.118/2018 OF NILESWAR POLICE STATION. KASARAGOD DISTRICT ), PIN - 671 315.

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 6747 of 2018

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O R D E R

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Petitioner is the accused in Crime No.118/2018 of Nileshwar Police Station, Kasaragod District for offences punishable under Sections. The allegation of the prosecution is that the petitioner mortgaged his property to KFC and took a loan of 35,00,000/- for starting a business.₹ Without the knowledge of the KFC, he sold a portion of the property, which was mortgaged and committed the offences alleged. Crime was

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registered and apprehending arrest, petitioner seeks bail.

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2. Opposing the application, the learned Public Prosecutor submitted that the petitioner committed the act of cheating by selling a portion

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of the property which was subject matter of the mortgage. The question whether the petitioner had an intention to cheat the KFC even at the time of very inception, is a matter that requires to be considered on the basis of the facts placed before

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Bail Appl..No. 6747 of 2018

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the court of law. Even otherwise, since the mortgage creates a prior charge over the property, even a subsequent sale will be subject to the recovery of the money from the entire mortgaged property. This being the legal position, I do not feel that a custodial interrogation is required at this stage. Hence, I am inclined to grant the benefit of pre-arrest bail to the petitioner.

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Accordingly, the anticipatory bail application is allowed on the following conditions:

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(i) Petitioner shall appear before the

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Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of 40,000/- (Rupees forty thousand only) with two₹ sureties for the like sum each.

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(ii) He shall not threaten, coerce or

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intimidate the defacto complainant or the

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Bail Appl..No. 6747 of 2018

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witnesses.

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(iii) He shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 07/12

Rajan.v v. the State of Kerala

Case brief

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Rajan.v v. the State of Kerala

Case brief

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