High Court granted statutory bail to petitioner charged with cheating and forgery. Investigation was incomplete, securing indefeasible right to default bail. Bail granted with bond and standard conditions.
Petitioner released on bail with bond of Rs. 5,00,000/- and two sureties for Rs. 5,00,000/- each, subject to conditions.
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.
BAIL APPL. NO. 5872 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
BAIL APPL. NO. 5872 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1768/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR, ALAPPUZHA
(CRIME NO.397 OF 2021 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT)
PETITIONER/1ST ACCUSED
SANU N.NAIR AGED 43 YEARS S/O.NARENDRAN NAIR, MALAYIL HOUSE, KARAKKADMURI, MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT.
BY ADV K.MOHANAKANNAN
RESPONDENT/STATE
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.
ADDL. R2 NITHIN G. KRISHNA,AGED 43 YEARS, S/O. NARENDRAN NAIR, MALAYIL HOUSE, KARAKKAD MURI, MULAKUZHA, CHENGANNUR, ALAPPUZHA BY ADV K.V.ANIL KUMAR
BY PUBLIC PROSECUTOR SRI.MANU.P.G
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5872 OF 2021
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ORDER
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
had approached the defacto complainant with the intention to deceive him by offering a job to him in Food Corporation of India as clerk and received a sum of Rs.20 lakhs from the brother of the defacto complainant and thereafter forged certain documents and also issued a fake appointment order. On the basis of the fake appointment order, he proceeded to Chennai believing that he could join duty in FCI. But when he reached there it was realized that he was cheated by this petitioner and other accused and thereby he committed the aforesaid offences along with the other accused.
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complainant.
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(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 or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the
jurisdictional court is at liberty to cancel the bail in accordance
with the law.
Sd/-
SHIRCY V. JUDGE
smm
1 issue framed by the court
Whether the petitioner is entitled to statutory bail for default bail when the investigation was incomplete despite the gravity of the cheating and forgery allegations.
2 provisions across 2 enactments
Sanu N. Nair
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
