Bail application by the second accused in a cheating case involving a failed admission consultancy. The court held that despite the accused's claim of being an employee, his receipt of substantial funds from the client made this unfit for pre-arrest bail. The application was dismissed.
The bail application was dismissed, and the petitioner remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 427 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 2018/2017 of I ADDITIONAL SESSIONS COURT, TRIVANDRUM DATED 21-12-2017
CRIME NO. 912/2017 OF Museum Police Station , Thiruvananthapuram
PETITIONERS/ACCUSED:
ABHILASH NATH AGED 35 YEARS, S/O REGHUNATHAN, ARUN NIVAS,T.C.6/486, ARAPPURA JUNCTION, VATTIYOORKAVU,THIRUVANANTHAPURAM. BY ADVS. SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 ADDL R2 GOPIKARANI D/O.NALINI, RESIDING AT KRA9, VISWADARSANBHARI NAGAR, KOCHULLOOR, CHRUVALIKKAD VILLLAGE THIRUVANANTHAPURAM (ADDL R2 IMPLEADED AS PER ORDER DTD26.11.2018 IN CRL.M.A.1481/2018) BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.SAIJO HASSAN SHRI.SHAHNOY SHAJI SMT.J.KASTHURI SMT.P.PARVATHY SMT.S.LEKHA SMT.SURYA P SHAJI SRI.BENOJ C AUGUSTIN SRI.P.K.ANTONY SRI.PRATHAP PILLAI SRI.RAFEEK. V.K. SRI.U.M.HASSAN
OTHER PRESENT:
SR.PP C.K SURESH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08.02.2019, THE COURT ON 13.02.2019 PASSED THE FOLLOWING:
B.A.No.427/18
2
ORDER
Petitioner herein stands arrayed as the second accused in Crime No.912 of 2017 of Museum Police Station for offences punishable under sections 420, 416 r/w 34 of the Indian Penal Code.
B.A.No.427/18
3
Bail application fails and is dismissed.
Sd/-
SUNIL THOMAS
JUDGE
Sbna
2 issues framed by the court
Whether the benefit of pre-arrest bail is available to a second accused who was an employee of a consultancy firm but received money from a client and failed to procure admission.
Whether the petitioner's participation in financial transactions and lack of clear authority to receive funds precludes the grant of bail in a cheating case.
1 provisions across 1 enactments
Abhilash Nath
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
