Dismissed

Kannan v. State of Kerala

Kerala HC24 Mar 2021Bail Appl./2342/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an anticipatory bail application on its merits, refusing bail due to the essentiality of custodial interrogation for recovery of money and holding that the special nature of the crime warrants denying pre-arrest bail.

What did the court decide?

Application dismissed; directed to surrender to the investigating officer within two weeks for investigation and subsequent appearance before the court for regular bail application.

Kannan Vs State of Kerala — Cheating and Forgery | Kerala HC (2021)

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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 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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Bail Appl..No.2342 OF 2021

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CRIME NO.1115/2020 OF Kunnamangalam Police Station , Kozhikode

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PETITIONER/S:

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KANNAN S. AGED 36 YEARS, S/O SOMAN, KANNANTHARA VELI, MANNANCHERY, ALAPPUZHA 688538

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BY ADV. SHRI.R.UMASANKAR

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT.V.SREEJA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.2342 OF 2021 2

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O R D E R

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Dated this the 24th day of March 2021 Application for anticipatory bail under Section 438 of Cr.P.C.

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The applicant is an accused in Crime No.1115/2020 of Kunnamangalam Police Station, Kozhikode for having allegedly committed offences punishable under Section 392 r/w Section 34 of IPC.

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The prosecution case, in brief, is that on 14.11.2020 at about 12 p.m while the de facto complainant was travelling to Kozhikode through Kunnamangalam-Peringalam bye pass road on his scooter, four persons including the applicant came from behind in a Maruthi Swift car waylaid the de facto complainant at knife point and robbed him of Rs.21,000/- which was kept under the seat of the scooter and decamped with that money.

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The applicant states that he is innocent and the allegations are not true and that he has been falsely implicated. He has no criminal antecedents as well and had no knowledge about the de facto complainant or the fact that he was travelling money with him. Two of the accused have been arrested. The applicant and one more accused are yet to be arrested. The

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Bail Appl..No.2342 OF 2021 3

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persons who were arrested have already been released on bail. The applicant states that in view of the fact that he has no criminal antecedents, he may be granted pre-arrest bail.

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Heard the learned counsel for the applicant and the learned Public Prosecutor.

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The specific allegation against the applicant is that he had robbed the de facto complainant of Rs.21,000/- in cash. The investigation reveals that the applicant and other accused allegedly belonged to a quotation gang involved in robbing persons travelling with Havala money. Under the circumstances, custodial interrogation of the applicant is most essential. Therefore the application for pre-arrest bail is vehemently opposed by the learned Public Prosecutor.

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It is true that the applicant has no criminal antecedent. The amount which was robbed from the de facto complainant is yet to be recovered. The statements given by the two persons who were arrested is that it is the applicant and the other accused is still at large, who are in possession of the robbed money. Under the circumstances, custodial interrogation of the applicant is most essential to proceed with the investigation at this stage. The applicant is not entitled to the exceptional and discretionary

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Bail Appl..No.2342 OF 2021 4

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remedy of anticipatory bail. The application is disposed of with a direction to the applicant to surrender before the investigating officer within two weeks. In the event of his arrest, after interrogation and recovery if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail, which shall be considered and preferably disposed of on the very same day.

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SD/ASHOK MENON

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JUDGE

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rmm

Kannan v. State of Kerala

Case brief

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Kannan v. State of Kerala

Case brief

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