Allowed

Mini Radhakrishnan v. the Sub Inspector of Police

Kerala HC2 Feb 2018Bail Appl./8719/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to Mini Radhakrishnan in a cheating case under Sections 420 and 468 IPC concerning a property sale. The court observed that custodial interrogation was not necessary and noted no apprehension that the petitioner would flee upon bail.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000/- with two sureties each for the like amount.

Mini Radhakrishnan Vs the Sub Inspector of… — Contract and Commercial Disputes | 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 R. NARAYANA PISHARADI

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FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939

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Bail Appl..No. 8719 of 2017

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CRIME NO. 1130/2017 OF KATTAKADA POLICE STATION , THIRUVANANTHAAPURAM

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PETITIONER(S)/ACCUSED

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MINI RADHAKRISHNAN W/O. RADHAKRISHNAN, AMBUJAM, PEROOR VATTATHIL, PONGANAD, VELLALLOOR, CHIRAYINKIL, THIRUVANANTHAPURAM - 695 601.

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BY ADV.SRI.V.A.VINOD

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RESPONDENT(S)/COMPLAINANT AND STATE:

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1. THE SUB INSPECTOR OF POLICE KATTAKADA STATION, THIRUVANANTHAPURAM - 695 572.

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

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R BY PUBLIC PROSECUTOR SRI.C.K.PRASAD

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 8719 of 2017

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APPENDIX

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PETITIONERS EXHIBITS:

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ANNEXURE-I COPY OF FIRST INFORMATION REPORT IN CRIME NO.1130/2017 OF KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM ANNEXURE-II COPY OF THE AGREEMENT FOR SALE DATED 5.5.12 ANNEXURE-III COPY OF THE MAHAZAR DTD.15.8.17

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ANNEXURE-IV COPY OF THE AGREEMENT FOR SALE ENTERED INTO BETWEEN THE PETITIONER AND THE DEFACTO COMPLAINANT DTD.17.09.2012

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RESPONDENTS EXHIBITS: NIL

// TRUE COPY //

P.A TO JUDGE

R. NARAYANA PISHARADI, J.

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===================== B.A No.8719 of 2017

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==========================

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Dated this the 02^nd day of February, 2018

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ORDER

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This is an application for anticipatory bail filed

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under section 438 of the Code of Criminal Procedure.

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The petitioner is the accused in the case registered as Crime No.1130/2017 of Kattakada Police Station under Sections 420 and 468 I.P.C. The prosecution case is that, the petitioner, not being the owner of an immovable property, entered into an agreement with the defacto complainant for sale of that property to him for a consideration of Rs.1,16,10,000/- and that she received an amount of Rs.10,00,000/- as advance but neither she registered the sale deed in respect of the property in the name of the defacto complainant nor she returned the money to him and thereby she cheated him.

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I have heard the learned Counsel for the

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petitioner and the learned Public Prosecutor and perused the

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B.A No.8719 of 2017

records.

The petitioner has produced a copy of the

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agreement entered into with the defacto complainant. This agreement is dated 17.09.2012. On a perusal of this agreement, it is seen that in the agreement itself, the petitioner had stated that the property concerned was only intended to be purchased by her pursuant to an agreement entered into with another person. At any rate, custodial interrogation of the petitioner is not necessary to have an effective investigation in this case. The prosecution has also no apprehension that on getting bail, the petitioner would flee from justice. In these circumstances, I find that the discretion of this Court can be exercised in favour of the petitioner to grant her pre-arrest bail.

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In the result, the petition is allowed and it is ordered as follows:

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The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each for the like amount in the event of her

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..3..

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B.A No.8719 of 2017

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arrest by the police in Crime No.1130/2017 of Kattakada Police Station.

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The petitioner shall appear before the

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Investigating Officer between 09 a.m and 11 a.m on all Saturdays for a period of two months after being released on bail.

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The petitioner shall not in any manner influence

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or intimidate the prosecution witnesses, including the defacto complainant. She will not make any attempt to tamper with the evidence in the case.

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The petitioner shall not leave the State of Kerala

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without the prior permission of the jurisdictional court concerned.

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The petitioner shall appear before the

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Investigating Officer as and when directed in writing to do so.

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Sd/-

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R. NARAYANA PISHARADI JUDGE

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SB/02/02/2018

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// true copy //

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P.A to Judge

Mini Radhakrishnan v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Mini Radhakrishnan v. the Sub Inspector of Police

Case brief

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