Allowed

Manoj Radhakrishnan Nair v. State of Kerala

Kerala HC11 Nov 2020Bail Appl./4397/2020

Case brief

AI extract

What is this about?

This bail application for anticipatory bail under Section 438 Cr.P.C. in relation to offences under Sections 406 and 420 IPC regarding alleged cheating of teachers was allowed. The court directed surrender and specified conditions including bond execution and passport surrender.

What did the court decide?

Anticipatory bail granted; applicant directed to surrender within two weeks and execute bond for Rs. 50,000 with two sureties.

Manoj Radhakrishnan Nair Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

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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 ASHOK MENON

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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Bail Appl..No.4397 OF 2020

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CRIME NO.799/2020 OF Hill Palace Police Station, Ernakulam

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PETITIONER/S:

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MANOJ RADHAKRISHNAN NAIR

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S/O. RADHAKRISHNAN NAIR, THAZHATHETHIL HOUSE, EDASSERIMALA, ARANMULA P.O, PATHANAMTHITTA,PIN-689533.

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BY ADV. SRI.R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-PIN-682031.

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2 CIRCLE INSPECTOR OF POLICE HILL PALACE POLICE STATION, THRIPUNITHURA, PIN-682301.

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3 ADDL.R3 MANOJ RADHAKRISHNAN

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HEAD OF DEPARTMENT, PHYSICAL EDUCATION DEPARTMENT, CHOICE SCHOOL, THRIPUNITHURA,

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ERNAKULAM-682 301.

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IS IMPLEADED AS PER ORDER DATED 27/07/2020 IN CRL.M.A. NO.1/2020

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4397 OF 2020

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ORDER

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Dated this the 11th day of November 2020

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This is an application filed under Section

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438 of Cr.P.C seeking anticipatory bail.

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Applicant is the sole accused in Crime No.799/2020 of Hill Palace Police Station,

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Ernakulam, for having allegedly committed offences punishable under Sections 406 and 420 of the IPC.

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The prosecution case, in brief, is that the

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applicant while he was engaged as a Physical Education Teacher in Choice School, Thripunithura, started a Whats App Group by the name 'Bouncyy'

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and added other Teachers employed in the school to

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that group and collected Rs.1 lakh from them. The de facto complainant who is a lady employed as a Teacher in that school also paid the aforesaid sum

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of Rs.1 lakh to the applicant. The applicant had dishonestly induced the Teachers to deliver the amount, promising that good profit would be given

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to them by the investment made by the applicant

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Bail Appl..No.4397 OF 2020

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and therefore none of them suspected the act and

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readily contributed the amount. However, neither profit nor the amount was given to the de facto complainant and others. The applicant and his wife were settled in Singapore till March, 2019. After returning to India, the applicant was employed as a Teacher in the Choice School.

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The applicant states that his wife was

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unemployed and has the experience of teaching and started a Kindergarten School at Ernakulam under

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the name and style 'Tafles Family School'. The Management of Choice School directed the applicant to instruct his wife not to start a school in

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competition to the School Management. The

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applicant did not do so and aggrieved by that they had induced the Teachers therein and filed this

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complaint and other complaints against the applicant implicating him in several crimes. The applicant is willing to co-operate with the investigation. He has already granted bail in all

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Bail Appl..No.4397 OF 2020

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other cases and therefore prays that he may be granted anticipatory bail in this case also.

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Heard the learned counsel for the applicant

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and the learned Public Prosecutor.

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The apprehension of the prosecution was

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that the applicant may abscond or not co-operate with the investigation. However, the learned Public Prosecutor under instructions submits that the applicant has been complying with directions of bail in the other bail orders and therefore the applicant is also entitled to bail in this case.

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In the result, the application is allowed and the applicant is directed to surrender before the investigating officer within two weeks, and after interrogation in the event of his being

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arrested, he shall be released on bail on execution of a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties for the

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like amount each to the satisfaction of the

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investigating officer and on the following

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Bail Appl..No.4397 OF 2020

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conditions;

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i. He shall appear before the investigating

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officer as and when called for.

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ii. He shall surrender his passport in case

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it is not surrendered.

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iii. He shall not tamper with evidence,

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influence or intimidate witnesses.

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iv. He shall not get involved in similar

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offences during the bail period.

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In the event of violating the bail conditions,

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the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.

Sd/-

ASHOK MENON

JUDGE

spk

Manoj Radhakrishnan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manoj Radhakrishnan Nair v. State of Kerala

Case brief

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