Allowed

Priya v. the State of Kerala

Kerala HC3 Dec 2018Bail Appl./7588/2018

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner accused of cheating under section 420 IPC in two separate crimes, imposing conditions including financial security via an immovable property deed and cooperation with investigation.

What did the court decide?

Bail granted in both applications (7588/2018 and 7590/2018) conditioned on furnishing security of immovable property and executing a bond with two sureties.

Priya 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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MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

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Bail Appl..No. 7588 of 2018

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AGAINST THE ORDER/JUDGMENT IN CRMP 2974/2018 of J.M.F.C.,KUNNAMKULAM DATED 15-10-2018

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CRIME NO. 880/2018 OF Kunnamkulam Police Station , Thrissur

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PETITIONER/ACCUSED:

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PRIYA

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AGED 31 YEARS OCC. BUSINESS, D/O.SINGARAJAN, R/AT VELLAMKOLI HOUSE, KAROOR DESAM, ANDOORKONAM VILLAGE, POTHENKODE, THIRUVANANTHAPURAM.

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BY ADVS.

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SRIBIJU ANTONY ALOOR SMT.T.S.KRISHNENDU SRI.K.P.PRASANTH SRI.VISHNU DILEEP

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, THROUGH KUNNAMKULAM P.S, THRISSUR DISTRCT.

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OTHER PRESENT:

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.12.2018, ALONG WITH Bail Appl..7590/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl. 7588/2018 ,Bail Appl..7590/2018

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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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MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

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Bail Appl..No. 7590 of 2018

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AGAINST THE ORDER/JUDGMENT IN CRMP 2972/2018 of J.M.F.C.,KUNNAMKULAM DATED 15-10-2018

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CRIME NO. 884/2018 OF Kunnamkulam Police Station , Thrissur

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PETITIONER/ACCUSED:

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PRIYA

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AGED 31 YEARS OCCU. BUSINESS, D/O.SINGARAJAN, R/AT VELLAMKOLI HOUSE, KAROOR DESOM, ANDOORKONAM VILLAGE, POTHENKODE, THIRUVANANTHAPURAM.

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BY ADVS. SRIBIJU ANTONY ALOOR SMT.T.S.KRISHNENDU SRI.VISHNU DILEEP

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH KUNNAMKULAM P.S., THRISSUR DISTRICT.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.12.2018, ALONG WITH Bail Appl..7588/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl. 7588/2018 ,Bail Appl..7590/2018

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COMMON ORDER

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[ Bail Appl. 7588/2018 ,Bail Appl..7590/2018 ]

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The petitioner is the common accused in both the above bail applications arising from crime no.880/2018 of Kunnamkulam police station and 884/2018 of the same police station.

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In crime no.880/2018, the allegation of the prosecution is that the petitioner herein received a sum of Rs.19,82,000/- during the period 5.2.2018 to 31.3.2018 from the defacto complainant offering to return without delay. Without returning the above amount, the petitioner herein allegedly committed offences punishable under section 420 IPC.

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In crime no.884/2018, the allegation of the prosecution is that during the period 15.3.2018 to 30.7.2018 the petitioner herein offered to help the defacto complainant to start a jewellery, received a sum of Rs.18,00,000/- from him on various occasions and cheated him. Complaint was laid. Crime was registered. In connection with the above crimes, the petitioner herein was arrested on 3.10.2018. She is in custody since that date. She seeks bail.

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It seems that the petitioner herein is involved in different

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Bail Appl. 7588/2018 ,Bail Appl..7590/2018

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crimes having the common element of cheating different persons under different pretext. The investigation seems to have progressed considerably. The petitioner herein does not seem to have substantial income now. However, as a condition for releasing on bail the petitioner herein has offered to furnish security of immovable property standing in the name of either herself or her relatives. Accordingly the original title deed no.3364/2011 of Kanyakulangara SRO in relation to an item of property in Koliyakode village, Thiruvananthapuram of one Rasilamma was produced. It was submitted that the owner has agreed to stand as a surety to offer the property comprised therein as security for the amounts due in both the transactions.

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Having considered these facts, I am inclined to grant bail to the petitioner herein in both the bail applications on the following conditions:

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(i) Petitioner shall execute a bond for a sum of 40,000₹ (Rupees forty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) One of the sureties shall be the said Rassilamma who shall produce the original title deed referred above before the court below who shall file an affidavit offering the above

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Bail Appl. 7588/2018 ,Bail Appl..7590/2018

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property as security towards the liabilities arising from the transaction involved in both the crimes. The creation of

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charge over the property shall be intimated by the court

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below to the concerned SRO office.

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(iii) Petitioner shall not get involved in any other crime.

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(iv) Petitioner shall co-operate with the investigation.

Sd/-

SUNIL THOMAS

JUDGE

shg

Priya v. the State of Kerala

Case brief

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What did the court decide?

Priya v. the State of Kerala

Case brief

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