Allowed

Sheela v. State of Kerala

Kerala HC12 Apr 2019Bail Appl./1204/2019

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to two petitioners, wife and daughter of the main accused, in a cheating case. After hearing arguments from the State Prosecutor highlighting the petitioners limited role and lack of antecedents, the judge released them on bond with conditions.

What did the court decide?

Petitioners released on bail under Section 438 Cr.P.C. on bond of Rs. 40,000 each with two sureties, conditioned to report to IO and not tamper with investigation.

Sheela Vs State of Kerala — Cheating and Forgery | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

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Bail Appl..No. 1204 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 53/2019 of DISTRICT COURT & SESSIONS COURT,TRIVANDRUM DATED 16-01-2019

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CRIME NO.1097/2018 OF Anchuthengu Police Station, Thiruvananthapuram

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PETITIONERS/ACCUSED 2 & 3:

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1 SHEELA

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AGED 49 YEARS, W/O.ANTONEY GOMEZ, RESIDING AT PUTHUVAL PURAYIDOM, THUMBA, PALLITHURA.P.O., THIRUVANANTHAPURAM.

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2 SHERIN

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AGED 21 YEARS, D/O.ANTONEY GOMEZ, RESIDING AT PUTHUVAL PURAYIDOM, THUMBA, PALLITHURA.P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.AJAYA KUMAR. G

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RESPONDENTS/STATE / COMPLAINANT:

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1 STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 STATION HOUSE OFFICER, ANCHUTHENGU POLICE STATION, THIRUVANANTHAPURAM.

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ADDL. JAMES JOY

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R3 S/O JAMES AGED 42, FJ HOUSE, AYYAPPANTHOTTAM KAYALKKARA, ANCHUTHENGU VILLAGE, ANCHUTHENGU, THIRUVANANTHAPURAM, PIN-695309.

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ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 20.3.2019 IN CRL.MA IN BA-1204/2019. SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1204 of 2019

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O R D E R

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The petitioners are the accused in Crime No.1097/2018 of Anchuthengu Police Station registered for the offence punishable under Section 420 read with Section 34 IPC.

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The prosecution allegation is that the petitioners and other accused collected a total amount of Rs.3,25,000/- (Rupees Three Lakhs and Twenty Five Thousand Only) from the defacto complainant on the promise that a job VISA to work in Israel would be arranged to the defacto complainant. However, the defacto complainant was provided with only a visiting VISA to Israel.

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The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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-3-

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Bail Appl..No. 1204 of 2019

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that the petitioners are not involved in any other offence. It appears that the entire transaction was between the 1^st accused and the defacto complainant. The petitioners are the wife and the daughter of the defacto complainant. The 1^st petitioner is a women aged 49 years and the 2^nd petitioner is a girl aged 21 years. There is allegation that the petitioners also accompanied the 1^st accused to collect the money. However, having gone through the relevant inputs, it appears that the main allegation is against the 1^st accused. The 1^st accused was already arrested. Having gone through the relevant inputs, it appears that the custodial interrogation of the petitioners is not necessary in this case. That apart, the petitioners have no criminal antecedent. In the said circumstances, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioners.

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In the result, this application stands allowed and

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-4-

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Bail Appl..No. 1204 of 2019

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the respondent Nos 1 and 2 are directed to release the petitioners on bail in the event of their arrest in Crime No.1097/2018 of Anchuthengu police station, on condition of each of the petitioners executing a bond for Rs.40,000/- (Rupees Forty Thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the 2^nd respondent, before whom the petitioners shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:-

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The petitioners shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/12.04.19

Sheela v. State of Kerala

Case brief

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Sheela v. State of Kerala

Case brief

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