Allowed

Elsa J v. State of Kerala

Kerala HC7 Aug 2019Bail Appl./4865/2019

Case brief

AI extract

What is this about?

The court granted pre-arrest bail to the second accused in a cheating case involving a job visa promise. Finding the petitioner had no active role, the application was allowed with a bond and standard surrender conditions.

What did the court decide?

Petitioner granted pre-arrest bail on execution of a bond for Rs. 40,000 with two solvent sureties, subject to reporting to IO and not tampering with witnesses.

Elsa J 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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WEDNESDAY, THE 07TH DAY OF AUGUST 2019 / 16TH SRAVANA, 1941

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Bail Appl..No.4865 OF 2019

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CRIME NO.1547/2018 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/S/2ND ACCUSED:

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ELSA J AGED 38 YEARS, W/O. SAJEEV.V, KOONANVILA VEEDU, PUTHAN NADA, VAKKOM P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695308.

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BY ADVS. SRI.K.SIJU SMT.S.SEETHA

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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-31.

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2 STATION HOUSE OFFICER, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM DISTRICT-695309.

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3 ADDL.R3 SAJU S/O SOMALATHA, MOOPPAKUDY VEEDU, NEAR DANKE MUKKU, VAKKOM PO, THIRUVANANTHAPURAM-695308.

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**(*ADDL. R3 IS IMPLEADED AS PER ORDER DATED 17.7.2019 IN CRL.MA NO.01/2019.

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SRI.S.SAJJU,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4865 OF 2019

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O R D E R

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The petitioner is the accused in Crime No.1547/2018 of

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Kadakkavoor 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 accused collected a total amount of Rupees 3.5 lakh from the defacto complainant on the promise that the accused would provide a

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job visa to the defacto complainant to work in Qatar. The visa was arranged by the accused. The defacto complainant went abroad using the said visa. However, the employment offered was not provided.

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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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The learned Public Prosecutor has submitted that the

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petitioner has no criminal antecedent. It appears that the first

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Bail Appl..No.4865 OF 2019

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accused was the person, who made the promise to the defacto complainant. The petitioner is the wife of the first accused. It is alleged that out of the amount received by the accused persons, an amount of Rupees 2 lakh was paid through the account of the petitioner. It appears that the petitioner has no active role in the incident. Considering the facts and circumstances of the case, I am inclined to grant pre-arrest bail to the petitioner.

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In the result, this application stands allowed and respondent Nos. 1 and 2 are directed to release the petitioner on bail in the event of her 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 sureties, each for the like sum to the satisfaction of the second respondent, 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.4865 OF 2019

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(i) The petitioner shall report before the Investigating Officer 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 any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any 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/07.08.2019

Elsa J v. State of Kerala

Case brief

What is this about?

What did the court decide?

Elsa J v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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