Single judge bench dismissed an application for anticipatory bail in a cheating case involving fraud for false employment assurances. The court rejected the petitioner's claim of innocence, noting prior similar cases and failure to provide documentary evidence.
The bail application filed by ABDUL RASHEED is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA,
1943
BAIL APPL. NO. 8663 OF 2021
CRIME NO.692 OF 2021 OF MALA POLICE STATION
PETITIONER/2ND ACCUSED:
ABDUL RASHEED, AGED 52 YEARS S/O. ABDUL KARIM, SAHAYI PARAMBIL HOUSE, ERAYAMKUDY DESOM, ANNAMANNADA VILLAGE, MAMPRA P.O. CHALAKUDY TALUK, THRISSUR DISTRICT 689 508.
BY ADV N.L.BITTO
STATE OF KERALA/COMPLAINANT:
2 GILBERT, AGED 32 YEARS S/O. FRANCIS, KARIYAPPILLY HOUSE, THURUTHUR DESOM, PUTHENVELIKKARA VILLAGE ERNAKULAM DISTRICT 683 594.
SMT C.SEENA-PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.G. AJITHKUMAR, J.
-----------------------------------------------------------
B.A.No. 8663 of 2021
----------------------------------------------------------Dated this the 17th day of December, 2021
O R D E R
This is an application for anticipatory bail filed under
Section 438 of the Code of Criminal Procedure, 1973.
2021 of Mala Police Station, Thrissur. The offences alleged are under Sections 406, 420 and 468 read with Section 34 of the Indian Penal Code, 1860.
1st accused and the defacto complainant knew each other. Accused Nos.1 and 2 received Rs.8,00,000/- from the defacto complainant on giving him an assurance that his wife as well as brother in law would be secured job in the Cochin International Airport. Rs.4,00,000/- was paid to the 1st accused on 05.11.2018 at the house of the 1st accused and later Rs.4,00,000/- was transferred to the account of the 2nd
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accused/petitioner. The accused later, gave documents purporting to be the orders of appointment in the Cochin International Airport which were turned out to be false documents. The accused thereby cheated the defacto complaint and misappropriated the money received from him.
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account. The learned counsel accordingly contended that the petitioner is innocent and he is entitled to get anticipatory bail.
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was received in the year 2018. The petitioner knew about the allegations at least on registration of this crime. Even in spite of knowing of the allegations, petitioner did not chose to return the money. If he was under a wrong impression that Rs.4,00,000/- was paid to him at the instance of 1st accused, atleast documents substantiating his contention that money was owed to him by the 1st accused should have been produced. Neither he produced such documents, nor he refunded the amount.
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which are serious.
Considering the said nature of the offence and the circumstances stated above, it is quite incorrect to invoke the provisions of Section 438 of the Code in favour of the petitioner. Therefore, I am of the view that bail application is liable only to be dismissed. Hence the bail application is dismissed.
Sd/P.G. AJITHKUMAR, JUDGE
PV
2 issues framed by the court
Whether anticipatory bail under Section 438 CrPC can be granted to an accused involved in offences of cheating and fraud with prior similar cases.
Whether the accused's explanation regarding lack of acquaintance with the complainant is credible without documentary support.
2 provisions across 2 enactments
Abdul Rasheed
State of Kerala
Gilbert
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
