Bail application allowed to Susilkumar E.K. accused in cheating case. Conditions: bond of Rs.1,00,000 with sureties, cooperation with trial, no witness tampering, and no new offences.
Bail granted on Rs.1,00,000 bond with two sureties, subject to cooperation with trial and standard conditions of bail.
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BAIL APPL. NO. 5842 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 9TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943 BAIL APPL. NO. 5842 OF 2021
(CRIME NO.289 OF 2017 OF KUTTIADY POLICE STATIN, KOZHIKODE) PETITIONER/ACCUSED
SUSILKUMAR E.K
AGED 54 YEARS
S/O.MADHAVAN, RESIDING AT GOKULAM HOUSE, KALPATTA, FORMERLY MANAGING DIRECTOR, JANAKSHEMA MARUTHI CHITS PVT. LTD, ROYAL PLAZA, KALPATTA.
BY ADV C.V.JITHESH
RESPONDENT/STATE AND THE COMPLAINANT
OTHER PRESENT:
SMT SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 9th day of December, 2021
Petitioner is the accused in Crime No. 289 of 2017 of Kuttiady Police Station registered for the offences punishable under Section 420 of the Indian Penal Code.
The petitioner, the 1st accused, is the Managing Director of Kalpetta Janakshema Maruthi Chits Pvt. Ltd (for short 'the Company'). Accused Nos. 2 to 4 are the Directors of the Company. Their headquarters was at Kalpetta. The accused had induced the defacto complainant to subscribe chitty run by the Company for Rs.1,25,000/-. After completion of the term of the chitty, the accused failed to pay the amount due to the defacto complainant and thus cheated him and thereby committed the aforesaid offences.
that in Company Petition No. 43 of 2016 by a judgment dated
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appointed. The Official Liquidator has taken over the assets and records of the Company and the proceedings are going on. So, this petitioner has not committed any offence as alleged by the prosecution.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so
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as to dissuade him from disclosing such facts to the court.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions,
the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd /-
SHIRCY V.
JUDGE
smm
1 issue framed by the court
Whether the petitioner should be granted bail in charges of cheating under Section 420 IPC.
1 provisions across 1 enactments
SUSILKUMAR E.K
THE STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
