Allowed

Janardhanan v. State of Kerala

Kerala HC4 Feb 2019Bail Appl./2007/2018

Case brief

AI extract

What is this about?

On a bail application filed by the second accused in a cheating case, the court granted pre-arrest bail pending investigation due to uncertainty regarding the accused's active involvement, subject to specific conditions of appearance and cooperation.

What did the court decide?

Pre-arrest bail granted on executing a bond for Rs.50,000/- with two sureties for the like sum each, conditioned upon appearance and cooperation with investigation.

Janardhanan 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 SUNIL THOMAS

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MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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Bail Appl..No. 2007 of 2018

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AGAINST THE ORDER IN CRMP 5790/2016 of SESSIONS COURT, ALAPPUZHA DATED 25-08-2016

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CRIME NO.290/2013 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT & CBCID CRIME NO.28/CR/EOW-I/KLM/15)

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NAME AND ADDRESS OF THE PETITIONER/2ND ACCUSED:

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JANARDHANAN, AGED 60 YEARS, S/O. MADHAVAN NAIR, POOLOTH GOPIVILLA, CHOVANNOOR P.O, CHOVANNOOR VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT.

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BY ADVS. SRI.SUMODH MADHAVAN NAIR SRI.T.K.VIJAYAKUMAR

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NAME AND ADDRESS OF THE RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT.

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2007 of 2018

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O R D E R

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The petitioner herein stands arrayed as the second accused in Crime No.290/2013 of Kanakakunnu Police Station, for offence punishable under section 420 read with section 34 of the Indian Penal Code.

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The allegation of the prosecution is that, the son of the petitioner, who is arrayed as the first accused offered a job to the defacto complainant and received a sum of Rs.52,000/- (Rupees fifty two thousand only) from the defacto complainant. It is stated that as directed by the petitioner and his son, the amount was deposited in an account of one Selvamani. The prosecution is initiated and apprehending arrest, the petitioner seeks bail.

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It seems that the main overtact is attributed to the first accused, the son. Whether the petitioner herein

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was in active transaction with the defacto complainant or whether the petitioner herein has been roped to coerce the son to pay the money are matters which are still under investigation. Considering this, I am inclined to grant prearrest bail to the petitioner herein on the following

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Bail Appl..No. 2007 of 2018 3

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conditions:

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(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. After interrogation, identification and recovery, if any, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each.

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(ii) He shall appear before the investigating officer as and when called for and co-operate with the investigation.

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(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iv) He shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Anticipatory bail application is allowed as above.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Janardhanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Janardhanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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