Allowed

Sajeev Karun@Sajeev K v. State of Kerala

Kerala HC18 Nov 2020Bail Appl./4931/2020

Case brief

AI extract

What is this about?

This is a bail application under Section 438 Cr.P.C. for an accused charged with cheating and money laundering offences. The court allowed anticipatory bail, directing surrender within two weeks and imposing conditions of appearing before the investigating officer weekly and refraining from influencing witnesses.

What did the court decide?

Bail allowed on bond for Rs. 1,00,000 with two sureties of same amount; submit to possession of调查中; appear biweekly before the investigating officer.

Sajeev Karun@Sajeev K Vs State of Kerala — Banking and Recovery | 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 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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Bail Appl.No.4931 OF 2020

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CRIME NO.1051/2020 OF Kothamangalam Police Station , Ernakulam

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PETITIONER/S:

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SAJEEV KARUN @ SAJEEV K., AGED 44 YEARS, S/O. N.K KARUNAN, KARUNA NIVAS, VENGANELLUR P.O, VENGANELLUR VILLAGE, THALAPILLI TALUK, CHELAKKARA, THRISSUR – 680586.

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BY ADV. SRI.RENJITH B.MARAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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2 FAISAL C.M. S/O.C.A.MUHAMMED, CHIRAPATTU HOUSE, INCHOORKARA, VARAPPETTY VILLAGE, KOTHAMANGALAM, ERNAKULAM – 686691.

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.4931 OF 2020

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O R D E R

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Dated this the 18th day of November 2020

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This is an application for anticipatory bail

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under Section 438 of the Cr.P.C.

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The applicant is the accused in Crime

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No.1051/2020 of Kothamangalam Police Station for

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having allegedly committed the offences punishable

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under Sections 406 and 420 of the I.P.C. and under Section 4 of the Prevention of Money Laundering Act.

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The prosecution case, in brief, is that

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between 31.05.2019 to 19.06.2019 the applicant had

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induced the defacto complainant to deposit an amount

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of Rs.2 lakhs in his company named “Gent to Gent Company” and had returned only an amount of Rs.26,000/-, and thereby cheated the defacto complainant.

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Bail Appl.No.4931 OF 2020

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The applicant was arrested on 29.11.2019 and

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remanded to judicial custody on 30.11.2019 in connection with Crime No.561/2019 of Alathur Police Station. There were a number of other crimes

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registered against him at different police stations for similar offences. The applicant filed applications under Section 167(2) of Cr.P.C. in three

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crimes pertaining to Hemambika Nagar Police Station. The applicant had applied for an anticipatory bail in some of the crimes and in B.A.Nos.3351/2020, 3353/2020 and 3343/2020 he was granted anticipatory bail since further incarceration for the purpose of investigation in those cases was not found to be essential. Under

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the circumstances, the applicant can be granted anticipatory bail in this case also, in view of the fact that the applicant was already subjected to custodial interrogation and all materials sufficient to proceed against him in this crime have already been completed by the investigating officer. The applicant is entitled to be released on anticipatory bail.

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Bail Appl.No.4931 OF 2020

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In the result, the bail application is allowed

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and the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation and recovery, if any, he shall be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) He shall not influence or intimidate witnesses or tamper with evidence;

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(ii) He shall appear before the investigating officer on all Tuesdays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed, whichever is earlier; and

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(iii) During the bail period, he shall not get involved in any similar offences.

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In case of breach of the bail conditions, the

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Bail Appl.No.4931 OF 2020

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

court.

Sd/-

dkr

ASHOK MENON

JUDGE

Sajeev Karun@Sajeev K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sajeev Karun@Sajeev K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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