High Court of Kerala hearing an anticipatory bail application in a cheating case. Bail was refused to the first accused due to breach of settlement terms but granted to the second accused (a student) with conditions.
Bail granted to the second petitioner (student) subject to bond and conditions; bail refused to the first petitioner.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 12TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944
BAIL APPL. NO. 298 OF 2022
Crime No.1880/2022 of Ernakulam Central Police Station
PETITIONER/ACCUSED:
AGED 64 YEARS S/O.BALAKRISHNAPILLAI, RESIDING AT SANTHI NIVAS, VENNALA, KOCHI, ERNAKULAM - 682 028.
2 VISHNU KARTHIKEYAN AGED 24 YEARS S/O.KARTHIKEYAN, RESIDING AT SANTHI NIVAS, VENNALA, KOCHI, ERNAKULAM - 682 028. BY ADVS. K.ANAND BENNY ANTONY PAREL AMEER SALIM
RESPONDENT/STATE:
2 THE SUB INSPECTOR OF POLICE ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM - 682 018. 3 ADDL.R3 SANU SUNNY, THALAPPIL HOUSE, MUNDATHIKODE P.O, THRISSUR-680601 IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 22/02/2022 IN CRL.M.A.NO.2/2022 4 ADDL.R4 AKHILA P.A, PARIKKAPARAMBIL HOUSE, MUNDATHIKODE P.O, THRISSUR680601 IS IMPLEADED AS ADDL R4 AS ADDL.R3 AS PER ORDER DATED 22/02/2022 IN CRL.M.A.NO.2/2022 5 ADDL.R5 SHARIMA V.K, D/O VASU, VECHEKELAYIL HOUSE, MEPPAYIL POST NUT STREET, VATAKARA, KOZHIKODE-673104 IS IMPLEADED AS ADDL.R5 AS ADDL.R3 AS PER ORDER DATED 22/02/2022 IN CRL.M.A.NO.2/2022
B.A. No.298 of 2022
: 2 :
6 ADDL.R6 MUHAMMED SUBAIR, S/O MUHAMMEDANNI, AMBALATH VEETIL HOUSE, THIRUVATHRA P.O, CHAVAKKADU-680516 IS IMPLEADED AS ADDL.R5 AS ADDL.R3 AS PER ORDER DATED 22/02/2022 IN CRL.M.A.NO.2/2022 BY ADVS. SHOBY K.FRANCIS Tarin T R AGI SHOBY(A-768) BY PUBLIC PROSECUTOR SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.298 of 2022
: 3 :
VIJU ABRAHAM, J.
ORDER
This is an application for anticipatory bail.
B.A. No.298 of 2022
: 4 :
the 1st petitioner in making payment to the defacto complainant and his friends.
B.A. No.298 of 2022 : 5 :
that the matter will be settled, I am not inclined to grant bail to the 1st petitioner. As far as the 2nd petitioner is concerned, he being a student and that he has no other criminal antecedents, I am inclined to grant bail to him subject to stringent conditions. In the result, this application is allowed in part. It is directed that the 2nd petitioner shall be produced before the jurisdictional magistrate on the very same day and be released on bail, in the event of arrest in Crime No.1880/2022 of Ernakulam Central Police Station subject to the following conditions:-
(i) The 2nd petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) The 2nd petitioner shall appear before the investigating officer in Crime No.1880/2022 of Ernakulam Central Police Station as and when summoned to do so;
(iii) The 2nd petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1880/2022 of Ernakulam Central Police Station;
B.A. No.298 of 2022
: 6 :
(iv) The 2nd petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1880/2022 of Ernakulam Central Police Station may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT
of Delhi) and another(2020(1)KHC 663)
Sd/-
VIJU ABRAHAM JUDGE
sm/
2 issues framed by the court
Whether bail should be granted to the first petitioner who breached a prior settlement undertaking?
Whether bail should be granted to the second petitioner who is a student with no criminal antecedents?
Colour shows how this judgement treated each authority
Sushila Aggarwal and others v. State(NCT of Delhi) and anotherReferred¶44
Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663)
1 provisions across 1 enactments
KARTHIKEYAN
VISHNU KARTHIKEYAN
STATE OF KERALA
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
