Sajani Jose v. State of Kerala
Case brief
What is this about?
This is a pre-arrest bail application under Section 438 CrPC against offences of cheating and criminal breach of trust. The Court granted anticipatory bail only to the first petitioner, a housewife, directing her release bond conditions, while directing the second petitioner for immediate interrogation. Bail for the second petitioner is held in abeyance pending post-interrogation assessment. The a
What did the court decide?
Anticipatory bail granted to the first petitioner subject to conditions; second petitioner directed for immediate interrogation with bail to follow only after interrogation.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
Bail Appl..No.6243 OF 2020
CRIME NO.0157/2020 OF Koothattukulam Police Station , Ernakulam
PETITIONER/S:
1 SAJANI JOSE AGED 33 YEARS THEKKEKUZHIYIL HOUSE, ELANJI VILLAGE, KOOTHATTUKULAM 686662 2 SAJU P AGED 30 YEARS ATLAND, MATHILIL P.O., KOLLAM 691601 BY ADV. SRI.B.MOHANLAL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031 2 THE STATION HOUSE OFFICER KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM P.O., ERNAKULAM 686662 3 GEORGE SEBASTIAN AGED 43 YEARS KOTTAYARUKIL HOUSE, VALAVOOR KARA, VALLICHIRA VILLAGE, MEENACHIL TALUK, MEENACHIL P.O, KOTTAYAM 686577 R1 BY PUBLIC PROSECUTOR R3 BY ADV. SRI.K.V.SABU PP DHANIL M R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether anticipatory bail can be granted to the first petitioner given her status as a housewife and lack of criminal antecedents while the second petitioner remains for interrogation.
Whether the allegations of cheating involving visa procurement and money collection warrant custodial interrogation for both petitioners.
What conditions shall be imposed for the grant of anticipatory bail and future bail if the second petitioner is arrested after interrogation.
Parties & counsel
- petitioner
Sajani Jose
- petitioner
Saju P
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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