Allowed

Babu v. State of Kerala

Kerala HC3 Sept 2019Bail Appl./4762/2018

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioner accused of cheating. The court noted the lack of criminal antecedents and availability of documents with the informant, imposing standard conditions including a surety bond of Rs. 40,000.

What did the court decide?

Petitioner released on bail upon execution of a bond for Rs. 40,000 with two solvent sureties, surrendering within ten working days.

Babu 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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TUESDAY, THE 03RD DAY OF SEPTEMBER 2019 / 12TH BHADRA, 1941

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Bail Appl..No.4762 OF 2018

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AGAINST THE ORDER/JUDGMENT IN CRMC 889/2018 DATED 04-07-2018 OF DISTRICT COURT & SESSIONS COURT,THRISSUR

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CRIME NO.276/2018 OF Kodakara Police Station , Thrissur

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PETITIONER/S/ACCUSED:

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BABU

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AGED 46 YEARS, S/O.SIVARAMAN NAIR,PATTATHIL HOUSE, VALLAPADI DESOM,KODAKARA VILLAGE, TRICHUR DISTRICT.

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BY ADV. SRI.VISHNUPRASAD NAIR

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RESPONDENT/S/STATE:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031[CRIME NO.276/2017 OF KODAKARA POLICE STATION,THRISSUR DISTRICT].

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2 ADDL.R2 SANKURU AGED 64 YEARS, S/O KOCHAKKAN, KAYYATH HOUSE, MATTATHUR KUNNU VILLAGE, KODAKARA, THRISSUR DISTRICT. (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 22/02/2019 IN CRL.MA.01/2019 IN B.A.NO.4762/2018)

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4762 OF 2018

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O R D E R

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The petitioner is the accused in Crime No.276 of

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2018 of Kodakara 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 petitioner

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collected an amount of Rs.1,70,000/- from the informant, promising that the petitioner would be able to arrange job visa to the son and sister's son of the informant. However, the visa provided was only a visiting visa for three months.

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The petitioner has filed this application under Section 438 Cr.P.C.

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Heard.

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Bail Appl..No.4762 OF 2018

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The learned Public Prosecutor has submitted

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that the petitioner has no criminal antecedent. It appears that the victims went abroad with the said visa. However, since it was a visiting visa, they could not get job at that time. It appears that the documents pertaining to the transaction involved in this case are available with the informant. Therefore, no recovery is to be effected from the petitioner. That apart, the petitioner has no criminal antecedent. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.

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In the result, this application stands allowed and the first respondent is directed to release the petitioner on bail in the event of his arrest in the above said crime on condition of the petitioner executing a bond for Rs.40,000/-(Rupees forty thousand only) with two solvent

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Bail Appl..No.4762 OF 2018

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sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within ten working days, if not arrested in the meantime and subject to the following further conditions:

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(i) The petitioner shall report before the Investigating Officer on every Friday between 9.00 a.m. and 11.00 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence the witnesses or in anyway tamper with the investigation.

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Bail Appl..No.4762 OF 2018

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(iii) The petitioner shall not get involved in any

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other offence 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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RK/04.09.2019

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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