Anticipatory bail application dismissed. Court held applicant played an important role in fraud and requires custodial interrogation regardless of plea of innocence or lack of wrongful gain. Surrender directed within two weeks.
Application dismissed; applicant directed to surrender before the investigating officer within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
Bail Appl..No.2468 OF 2021
CRIME NO.746/2020 OF Valappatanam Police Station , Kannur
PETITIONER/S:
NIKESH K.P SON OF BALAN, AGED 39 YEARS, THIRUMANGALATH HOUSE, ARYAMBTH, CHIRAKKAL P.O, KANNUR-II 670011
BY ADV. SRI.PINTO FREDERIC
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2021 ALONG WITH BA NO.2469/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.2468 OF 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
Bail Appl..No.2469 OF 2021
CRIME NO.48/2021 OF Kannur Town , Kannur
PETITIONER/S:
NIKESH K.P AGED 39 YEARS SON OF BALAN, THIRUMANGALATH HOUSE, ARAYAMBATH, CHIRAKKAL P.O, KANNUR-II 670011
BY ADV. SRI.PINTO FREDERIC
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2021ALONG WITH BA NO.2468/2021 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.2468 OF 2021 3
COMMON ORDER
Dated this the 26th day of March 2021
Applications for anticipatory bail under Section 438 of Cr.P.C.
The applicant is the 1st accused in Crime No.746/2020 of Valapattanam Police Station, Kannur for which he has filed B.A. No.2468/2021 and he is also the 2nd accused in Crime No.48/2021 of Kannur Town Police Station for which he has filed B.A.No.2469/2021. The offences alleged are in both these crimes are under Section 420 r/w Section 34 of IPC.
he would be provided with a job in the Kannur International Airport as Ground Attendant of Air India and after having appropriated the amount neither the job was arranged nor did they repay the amount. Hence, cheated the de facto complainant.
Bail Appl..No.2468 OF 2021 4
It is the 2nd accused in Crime No. 746/2020 he is also the 1st accused in Crime No.48/2021, who had actually cheated the de facto complainant and the applicant himself was cheated and he was acting as a driver of the other accused and that he had nothing to do with the alleged offence of cheating and was not involved with him in inducing the de facto complainant to deliver the amount. He has not wrongfully gained due to the alleged act of cheating and therefore seeks pre-arrest bail.
Bail Appl..No.2468 OF 2021 5
2nd accused in Crime No.746/2020 and who is the 1st accused in Crime No.48/2021 and that he was only acted as his driver and has nothing to do with inducing the de facto complainant to deliver the amount. He himself has not wrongfully gained due to the alleged act of cheating. Therefore, he is innocent.
After having gone through the arguments, I find that the applicant had an important role in taking the 1st accused or the 2nd accused in the aforesaid crimes to the de facto complainant and therefore he was a part of the dishonest inducement of the de facto complainant. Whether he had wrongfully gained is a matter for investigation to find out, for which custodial interrogation of the applicant cannot be dispensed with. The applicant is therefore directed to surrender before the investigating officer within two weeks. In the event of his arrest, after interrogation, 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 same day.
SD/- ASHOK MENON
JUDGE
rmm
2 issues framed by the court
Whether anticipatory bail can be granted to an applicant denying involvement in a cheating case by claiming he acted only as a driver.
Whether custodial interrogation is necessary to ascertain the correctness of the applicant's denial.
Nikesh K.P
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
