The Court applied for anticipatory bail in a case alleging cheating and criminal breach of trust regarding a house construction agreement. The Court held the dispute is primarily civil and granted anticipatory bail on surrender conditions.
Application allowed; applicant directed to surrender within two weeks and granted bail on execution of bond with conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942
Bail Appl..No.6570 OF 2020
CRIME N O.490 OF 2020 OF THIRUNELLY POLICE STATION , WAYANAD
PETITIONER/ACCUSED:
SHIBU, AGED 40 YEARS, ELAMKULATH HOUSE, MANISSERY P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT PIN-679521
BY ADV. SRI.P.JAYARAM
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 2 VEENA, AGED 40 YEARS, LAKSHMI BHAVAN, PILAKKKOOL. P.O, THALASSERY TALUK. PIN-670102 3 ADDL.R3 SIVARAM VELLIKKOTH, AGED 57 YEARS, S/O RENGANATHAN, LAKSHMI BHAVAN, GATHANS ROAD, PILAKKUL, THALASSERY, KANNUR DISTRICT, PIN-670102. IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 22/10/2020 IN CRL.MA 1/2020.
B.A.No.6570 OF 2020
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R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.SHAIJAN C.GEORGE R2-3 BY ADV. SMT.SAJITHA GEORGE R3 BY ADV. SHAIJAN C.GEORGE R3 BY ADV. SRI.K.M.GIRISH KUMAR R3 BY ADV. ANJU TREESA GEORGE
OTHER PRESENT:
SRI.AJITH MURALI-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6570 OF 2020
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ORDER
Dated this the 3rd day of December 2020
Application for Anticipatory Bail
The applicant is the sole accused in Crime No.490 of 2020 of Thirunelly Police Station, Wayanad, for having allegedly committed offences punishable under Sections 406 and 420 of the IPC. The prosecution case, in brief, is this:
B.A.No.6570 OF 2020
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construction made so far and therefore, the allegation that he had cheated the defacto complainant and misappropriated the amount are not true. The applicant also states that he had been called to the Police multiple times by forcing him to settle the matter with the defacto complainant and it is only with the intention to see that the matter is settled with the defacto complainant that the present crime has been registered, whereas, the dispute between the defacto complainant and the applicant is purely civil in nature based on an agreement for construction of the property.
B.A.No.6570 OF 2020
the construction as stipulated in the agreement within the stipulated time and hence, there is a breach of the agreement entered into between the applicant and the defacto complainant.
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arrested, he shall be released on bail on the execution of a bond for Rs.2 lakhs/-(Rupees Two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Investigating Officer and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for, and he shall co-operate with the investigation.
(ii) He shall surrender his passport and shall not go abroad except with the permission of the jurisdictional court.
(iii) He shall not tamper with evidence, influence or intimidate witnesses.
(iv) He shall not get involved in any similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/03/12/20
2 issues framed by the court
Whether the dispute arising from a defective construction agreement is primarily of a civil nature requiring evidence before concluding criminal intent under Section 420 IPC.
Whether the applicant is entitled to anticipatory bail given the civil nature of the dispute and lack of custodial interrogation necessity.
1 provisions across 1 enactments
SHIBU
STATE OF KERALA
VEENA
ADDL.R3 SIVARAM VELLIKKOTH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
