The High Court of Kerala allowed a bail application in a cheating case. The petitioner, a managing partner, was granted bail against a bond of Rs. 50,000 with two sureties upon surrender and specific conditions.
Petitioner granted bail against bond of Rs. 50,000 with two solvent sureties each for Rs. 50,000 upon surrender within ten days.
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 K.HARIPAL
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
BAIL APPL. NO. 1652 OF 2021
PETITIONER:
SINDU EDWIN, AGED 45, WIFE OF EDWIN, MANAGING PARTNER, EMMANUEL OVERSEAS, PALLIMUKKU, PEYAD P O, THIRUVANANTHAPURAM, PIN 695573 THIRUVANANTHAPURAM, PIN - 695573 BY ADV R.T.PRADEEP
RESPONDENTS:
1 STATE OF KERALA THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031 ERNAKULAM, PIN - 682031 2 ADDL.R2 ASHA CLARE.P.A. AGED 47 YEARS W/O JHONSON, KADUPPIL HOUSE, CHATHURAKINAR, VARAM, KANNUR TOWN, KANNUR, PIN -670594. IS IMPLEADED AS PER THE ORDER DATED 8.3.2021 IN CRL.M.A.NO.1/2021. BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1652 OF 2021
2
ORDER
The petitioner is the sole accused in crime No. 74 of 2021 of
the Kannur Town Police Station registered alleging offence punishable under Sections 406 and 420 of the IPC.
is at the final stage and it is evident that Rs. 1,50,000/- was remitted by the de-
BAIL APPL. NO. 1652 OF 2021
3
facto complainant in favour of the petitioner. Whatever it may be, Annexure 10 document indicates that the petitioner had caused the remittance of Rs. 1750 US Dollars in the University which is evident from the receipt issued from Georgian National University.
In the circumstances, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make herself available for interrogation; in the event of arrest, she shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only)with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; she shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
Bail Application is allowed as above.
Sd/-
K.HARIPAL JUDGE
rps/
3 issues framed by the court
Whether the petitioner is eligible for bail in a case involving cheating and criminal breach of trust.
What conditions should be imposed on the petitioner while on bail.
Whether custodial interrogation is warranted in this case.
1 provisions across 1 enactments
SINDU EDWIN
STATE OF KERALA
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
