Allowed

Asha Sajeevan v. State of Kerala

Kerala HC8 Apr 2019Bail Appl./1924/2019

Case brief

AI extract

What is this about?

High Court allowed anticipatory bail applications for two accused charged with cheating. The court granted bail on the submissions that no recovery from the petitioners was needed, custodial interrogation was unnecessary, and they had no criminal antecedents.

What did the court decide?

Anticipatory bail granted on conditions including bond of Rs.40,000, appearance before police every Monday, and no interference with witnesses.

Asha Sajeevan 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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MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

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Bail Appl..No. 1924 of 2019

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CRIME NO. 728/2018 OF Kollam East Police Station , Kollam

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PETITIONER/S:

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ASHA SAJEEVAN AGED 35 YEARS S/O.SAJEEVAN, MUNDACKAL HOUSE, NETHAJI NAGAR, PONNUKARA P.O, THRISSUR.

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BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP,SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2019, ALONG WITH Bail Appl..4695/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos. 1924 & 4695 of 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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MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

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Bail Appl..No. 4695 of 2018

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CRIME NO. 728/2018 OF Kollam East Police Station , Kollam PETITIONER/S:

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SAJEEVAN M.P

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AGED 46, S/O. PRABHAKARAN, MUNDACKAL HOUSE, NETHAJI NAGAR, PONNUKARA P.O., THRISSUR.

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BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031. 2 ADDL.R2 SUNDARESAN R AGED 68 YEARS S/O RAGHAVAN, 35-SREENAGAR, KADAPPAKADA P.O, KOLLAM, PIN-691008. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 17/12/2018 IN CRL.MA.8072/2018)

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BY ADVS. SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS SRI.KDEAGO JOHN K SRI.R.MAHESH MENON

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2019, ALONG WITH Bail Appl..1924/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos. 1924 & 4695 of 2019

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O R D E R

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The petitioners are the accused in Crime No. 728 of 2018 of Kollam East police station registered for the offences punishable under Sections 409 and 420 read with

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Section 34 IPC.

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The prosecution allegation is that the petitioners collected a total amount of Rs.54,00,000/- from the defacto complainant after making the de-facto complainant to believe that the said amount would be returned with a gold coin of one sovereign after a period of 20 weeks. It was further promised that the de-facto complainant would be provided with gold for conducting Jewellery business. However, the petitioners did not keep up their promise.

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The petitioners have filed these applications praying

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Bail Appl..Nos. 1924 & 4695 of 2019

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for the relief under Section 438 Cr.P.C.

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Heard.

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The learned counsel for the de-facto complainant

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has submitted that all the documents pertaining to the transaction are available with the de-facto complainant. The learned Public Prosecutor, on instructions, has submitted that the petitioners have no criminal antecedent. Having gone through the relevant inputs, it appears that no recovery has to be effected from the petitioners. Therefore, no custodial interrogation of the petitioners is necessary in this case. That apart, there is no criminal antecedent against the petitioners. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioners will be justified in this case.

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Bail Appl..Nos. 1924 & 4695 of 2019

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In the result, these applications stand allowed and the

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the petitioners shall be enlarged on bail in the event of their arrest in connection with Crime No.728 of 2018 of

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Kollam East Police Station, on condition of each of the

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petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each, with two solvent sureties each, each

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for the like sum to the satisfaction of the Station House

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Officer, Kollam East Police Station, before whom the petitioners shall surrender within ten days, if not arrested in

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the meantime and subject to the following further conditions:

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(i) The petitioners shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii) The petitioners shall not intimidate or

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Bail Appl..Nos. 1924 & 4695 of 2019

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influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioners shall not get involved in any other offence during the pendency of this case.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/8.4

Asha Sajeevan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Asha Sajeevan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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