Two bail applications were filed by an accused and her wife in a cheating case involving employment visa fraud. The court denied pre-arrest bail to the husband but granted interim relief to the wife.
Interim bail granted to the wife (2nd accused) with bond conditions; pre-arrest bail denied to the husband (1st accused).
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941
BAIL APPL..NO.4263 OF 2019
AGAINST THE ORDER IN CRL.M.P. NO.1681/2019 DATED 07-07-2019 OF SESSIONS COURT, KOTTAYAM
CRIME NO.1893/2019 OF PALA POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED :
DEEPA AGED 36 YEARS W/O SANTHOSH C.M., CHITTAQNAPPARAYIL, NARIYANGANAM P.O., KOTTAYAM DISTRICT, PIN-686 579.
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENT/STATE :
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
VISHNU SAJEEV, GOKULLAM HOUSE, THATTAMALA PO, VADAKKEVILA VILLAGE, KOLLAM DISTRICT-691020.
IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 11.6.2019 IN CRL.MA NO.1/2019.
PRAVEEN KUMAR V.T. VALAYAMTHODI VRINDHAVAN HOUSE, KARIAKKAD, KAVALAPARA PO, SHORNUR, PALAKKAD, PIN-679523.
4 ADDL.R4 SHARATH L.S MAYOORAM HOUSE, KANNIYAMPURAM PO, OTTAPPALAM, PALAKKAD DISTRICT, PIN-679104.
5 ADDL.R5 JERINRAJ PANCHALAYAM HOUSE, THOTTADA, KANNUR DISTRICT,
Bail Appl..Nos.4263 & 5553 OF 2019
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PIN-670007.
7 ADDL.R7 R.MOHANAN LAKSHANI VEEDU, KUTHAMPULLY PO, THRISSUR DISTRICT, PIN-680594.
IS IMPLEADED AS ADDL.R3, R4,R5,R6 AND R7 AS PER ORDER DATED 17.7.2019 IN CRL.MA NO.3/2019.
R2 BY ADV. SMT.G.VIDYA
SRI RAMESH CHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2019, ALONG WITH BAIL APPL..5553/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.4263 & 5553 OF 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941
BAIL APPL..NO.5553 OF 2019
AGAINST THE ORDER IN CRL.M.P. NO. 1681/2019 DATED 07-06-2019 OF SESSIONS COURT, KOTTAYAM
CRIME NO.1893/2019 OF PALA POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED :
SANTHOSH C. M., AGED 46 YEARS S/O MADHAVAN, CHITTANAPPARAYIL, NARIYANGANAM P. O., KOTTAYAM DISTRICT,
PIN - 686579.
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENTS /STATE & COMPLAINANTS :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 VISHNU SAJEEV GOKULAM HOUSE, THATTAMALA P. O., VADAKKEVILA VILLAGE, KOLLAM DISTRICT, PIN - 691020.
3 PRAVEEN KUMAR V. T. VALAYAMTHODI VRINDHAVAN HOUSE, KARIAKKAD, KAVALAPARA P. O., SHORNUR, PALAKKAD, PIN - 679523.
Bail Appl..Nos.4263 & 5553 OF 2019
4
KANHANGAD, KASARAGOD DISTRICT, PIN - 671315.
7 R. MOHANAN LAKSHANI VEEDU, KUTHAMPULLY P. O., THRISSUR DISTRICT, PIN - 680594.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2019, ALONG WITH BAIL APPL..4263/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.4263 & 5553 OF 2019
5
ORDER
This application is filed under Section 438 of the Cr.P.C.
petitioner submits that the applicants have nothing to do with the allegations. According to the learned counsel, the entire amounts handed
Bail Appl..Nos.4263 & 5553 OF 2019 6
over by the VISA seekers were handed over to Sri.Anilkumar. However, Anilkumar failed to provide the VISA as assured. According to the learned counsel, the 2nd accused has nothing to do with the transactions.
In so far as the 2nd accused, who is the applicant in B.A. No.4263 of 2019 is concerned, her custodial interrogation does not appear to be necessary for an effective investigation in the instant case. The applicant in B.A.No.4263 of 2019 shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if she is proposed to be arrested, she shall be released on bail on her
Bail Appl..Nos.4263 & 5553 OF 2019
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executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only)
with two solvent sureties each for the like sum. The above order shall be
subject to the following conditions:
i) The 2nd applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.
ii) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii) She shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN, V.
JUDGE
NS
2 issues framed by the court
Whether the petitioner deserves pre-arrest bail in a case involving cheating and forgery.
Whether custodial interrogation of the petitioner is necessary for effective investigation.
1 provisions across 1 enactments
DEEPA
STATE OF KERALA
SANTHOSH C. M.
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
