Allowed

Prakash K.M, aged 54years old , S/o Chandrashekharan Nair, Lakshmi Krishna,ThiruvilwamalaP.O, Tris v. State of Kerala Rep. by its Public Prosecutor, High Court of Kerala, Ernakulam Pin-682018

Kerala HC1 Feb 2021Bail Appl./6538/2020

Case brief

AI extract

What is this about?

This is a bail application for anticipatory bail under Section 438 Cr.P.C. in a cheating case. The court observed that documentary evidence contradicted the prosecution's allegation that the company was not started, leading to the grant of bail subject to seven specific conditions.

What did the court decide?

Granted anticipatory bail subject to conditions including a bond of Rs.1,00,000/-, reporting to the investigating officer every first and third Saturdays, and restrictions on inducement and leaving In

Prakash K.M, aged 54years old , S/o Chandrashekharan… — 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 BECHU KURIAN THOMAS

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MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

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Bail Appl..No.6538 OF 2020

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CRIME NO.25/2020 OF Kelakom Police Station, Kannur

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PETITIONER/ ACCUSED :

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PRAKASH K.M, AGED 54YEARS OLD , S/O CHANDRASHEKHARAN NAIR, LAKSHMI KRISHNA, THIRUVILWAMALAP.O, TRISSUR DISTRICT, PIN – 680 588

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BY ADV. SRI.E.HARIDAS

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RESPONDENT :

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1 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN – 682 018

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2 SHAIJU DANIYAL, S/O DANIYAL, AGED 43 YEARS OLD, RESIDING AT KUNNEL HOUSE, KELAKAM P.O, MANJALAMPURAM, KANNUR DISTRICT, PIN – 670 674

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R1 BY PUBLIC PROSECUTOR ADV.SYLAJA S.L. R2 BY ADV. DR.GEORGE ABRAHAM

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6538 OF 2020

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ORDER

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Dated this the 1st day of February 2021

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This is an application seeking pre-arrest bail filed under

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Section 438 of the Code of Criminal Procedure.

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Petitioner is the first accused in Crime No. 25/2020 of Kelakam Police Station, Kannur District registered alleging offence punishable under Section 420 IPC.

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The prosecution case is that from the year 2018 onwards, the accused had been, under the guise of starting a company by name Blue Land Agro Products Pvt. Ltd., received an amount of Rs.46,80,000/- and thereafter without starting such a company and without returning the money, cheated the de facto complainant and hence the offence under Section 420 IPC is alleged to have been committed.

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I have heard Adv.Haridas, the learned counsel for the petitioner as well as the learned Public Prosecutor Smt.Sylaja S.L., who opposed the prayer for anticipatory bail and Adv.Dr.George Abraham, the learned counsel for the 2^nd respondent de facto complainant.

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Bail Appl..No.6538 OF 2020

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The de facto complainant has produced Ext.R-2(a) Bank Statement as well as Exts.R-2(b) & R-2(c). Perusal of Ext.R2(b) shows that the company by name Blue Land Agro Products Pvt. Ltd has been incorporated and as per Ext.R-2(c) Certificate of Incorporation, the same was incorporated in the year 2018.

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On an appreciation of the nature and gravity of allegations and from the records produced, it is seen that the allegation in the FIR that money was collected under the guise of starting a company and such company was not started is prima facie seen to be contrary to the records that have been produced.

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Taking note of the circumstances arising and from the

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records, I am of the view that anticipatory bail can be granted in the case, subject to the following conditions :-

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i. It is directed that in the event of the arrest of the petitioner in connection with Crime No. 25/2020 of Kelakam Police Station, Kannur District, he shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the officer effecting the arrest.

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ii. The petitioner shall report before the investigating

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Bail Appl..No.6538 OF 2020

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officer between 10 a.m. and 12.30 p.m. every first and third Saturdays for two months or till the final report is filed, whichever is earlier.

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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 as to dissuade him from disclosing such facts to the court or to any police officer.

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