Allowed

Ranjith K.K. v. State of Kerala

Kerala HC3 Apr 2019Bail Appl./1676/2019

Case brief

AI extract

What is this about?

The High Court allowed a pre-arrest bail application filed by an accused charged with cheating and criminal breach of trust. Finding no need for custodial interrogation and no criminal antecedents, the court granted bail subject to security and standard conditions.

What did the court decide?

Petitioner granted bail on bond of Rs.35,000 with two solvent sureties subject to standard conditions.

Ranjith K.K. Vs State of Kerala — Cheque Dishonour | 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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WEDNESDAY,THE 03RD DAY OF APRIL 2019/13TH CHAITHRA, 1941

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Bail Appl..No. 1676 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 170/2019 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM

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CRIME NO. 3484/2018 OF Aluva Police Station , Ernakulam

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PETITIONER/ACCUSED:

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RANJITH K.K. AGED 34 YEARS S/O. KAMALAN,KARIKKAKKUDY HOUSE,KOTTAPPADY,KOTHAMANGALAM.

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BY ADV. SRI.R.DIVAKARAN

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RESPONDENT/STATE:

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1 STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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ADDL. MR.P.A SADHIQ R2 S/O ABDUL KADER, PALLOOPPALLATH HOUSE, PERIYAR LANE, ALUVA, PIN-683101.

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ADDL.R2 IS IMPLEADED AS PER ORDER DATED 26.3.2019 IN CRL.MA NO.1/2019.

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SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1676 of 2019

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O R D E R

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The petitioner is the accused in Crime No.3484 of 2018 of Aluva East Police Station registered for the offences punishable under Sections 417 and 420 read with Section 34 IPC

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The prosecution allegation is that the petitioner received an amount of Rs.5 lakh from the 2^nd respondent, promising to arrange a medical seat for the son of the 2^nd respondent in Kasturba Medical College, Mangalapuram. However, the seat as promised was not arranged. The money was also not returned.

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The petitioner has filed this application under

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Section 438 Cr.P.C.

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Heard.

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The learned counsel for the 2^nd respondent has opposed the application.

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The learned Public Prosecutor has submitted

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that the petitioner is not involved in any other offence

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Bail Appl..No. 1676 of 2019

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of similar nature. It is not disputed that the petitioner is not an agent. It has been submitted by the learned counsel for the petitioner that since the daughter of the petitioner was studying in the Kasturba Medical College, the 2^nd respondent approached the petitioner for arranging a Medical seat to his son in Kasturba Medical College. The petitioner readily agreed for the same. However, before securing the seat, the son of the 2^nd respondent got admission in another Medical College in Chennai, is the submission of the learned counsel for the petitioner. The learned counsel for the 2^nd respondent has denied the above said submission of the learned counsel for the petitioner. However, the learned counsel for the 2^nd respondent has submitted that cheques were given to the 2^nd respondent for the money he paid. It has been further submitted by the learned counsel for the 2^nd respondent that all the documents pertaining to the transaction are available with the 2^nd respondent. Having

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Bail Appl..No. 1676 of 2019

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gone through the relevant inputs, it appears that no recovery is to be effected from the petitioner. Therefore, no custodial interrogation of the petitioner is necessary in this case. That apart, there is no criminal antecedent against the petitioner. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

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In the result, this bail application stands allowed and the 1^st respondent is directed to release the petitioner on bail in the event of his arrest in connection with Crime No.3484/2018 of Aluva East Police Station, on condition of the petitioner executing a bond for Rs.35,000/(Rupees thirty five thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Aluva East Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:

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Bail Appl..No. 1676 of 2019

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

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

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The petitioner shall not get involved in similar offences during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/03.04.2019

Ranjith K.K. v. State of Kerala

Case brief

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Ranjith K.K. v. State of Kerala

Case brief

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