Allowed

Rajeesh V.P. v. State of Kerala

Kerala HC1 Aug 2022Bail Appl./678/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to two petitioners accused under Section 420 IPC for alleged cheating in a company scheme. Bail was sanctioned subject to stringent conditions including execution of bond, appearance summons compliance, non-contact of complainant, and passport surrender.

What did the court decide?

The petitioners are released on bail in Crime No. 8/2022 subject to stringent conditions including bond execution, appearance summons, non-interference with witnesses, and passport surrender.

Rajeesh V.P. Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 VIJU ABRAHAM

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MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

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BAIL APPL. NO. 678 OF 2022

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Crime No.8/2022 of Cherpulassery Police Station in

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Palakkad District

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PETITIONER/ACCUSED 1 & 2:

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1 RAJEESH V.P. AGED 29 YEARS SON OF RAMAKRISHNAN, VALLIKKATTUPARAMBIL HOUSE, MANGODE, KULAKKAD P.O. PALAKKAD DISTRICT,, PIN - 679503

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2 KRISHNAKUMAR AGED 26 YEARS SON OF RAMAKRISHNAN, MANNAMPATTA P.O., SREEKRISHNAPURAM, PALAKKAD DISTRICT, PIN - 679513 BY ADV C.M.MOHAMMED IQUABAL

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RESPONDENT/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA

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ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER CHERPULASSERY POLICE STATION, CHERPULASSERY P.O., PALAKKAD DISTRICT, PIN - 679503

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3 MR. SARATH SON OF CHANDRADASAN, AGED 32 YRS, KALATHODY HOUSE,PATHAMKULAM P.O., PALAKKADDISTRICT, PIN - 679552 BY ADVS.PUBLIC PROSECUTOR MAHESH V.MENON

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OTHER PRESENT:

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SR.PP - SMT. SEETHA S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.678 of 2022

: 2 :

VIJU ABRAHAM, J.

B.A. No.678 of 2022

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- - - - Dated this the 1^st day of August, 2022

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ORDER

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This is an application for anticipatory bail.

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The petitioners are accused Nos.1 and 2 in Crime No.8/2022 of Cherpulassery Police Station in Palakkad District alleging commission of offence punishable under Section 420 r/w 34 of Indian Penal Code.

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The prosecution allegation is that, the accused received Rs.3,50,000/- from the defacto complainant on 4.6.2021 and 9.7.2021 with an intention to cheat him on a promise to give huge returns. Accordingly, the accused cheated the defacto complainant and thus have committed the aforesaid offence.

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The petitioners submits that they are totally innocent of the charges levelled against them. The allegation against the petitioners is that they induced the defacto complainant in this case to become selling agents/independent representatives of a company known by the name “Vihaan/Qnet”, as a result of which the defacto complainant in this case paid certain amounts to the aforesaid company on the promise that he would get huge returns.

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B.A. No.678 of 2022 : 3 :

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It is alleged that the defacto complainant in this case was defrauded and he has not received any returns or even the principal amount he had invested in the company.

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It is submitted by the learned counsel for the petitioners that the petitioners had been introduced to the company aforesaid by some others and they have also become a direct selling agent/independent representative of the above company. It is submitted that as per the scheme formulated by the company, other members were also to be enrolled and the petitioners had enrolled others in the scheme. It is submitted that apart from the above, the petitioners had no intention whatsoever to cheat the defacto complainant. It is also submitted that the defacto complainant himself had enrolled many others in the scheme of the company. The learned counsel for the petitioners submitted that the accused involved in offences of similar nature has been granted bail by this Court in B.A.Nos.8337, 8441 and 8333 of 2021.

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I have heard the learned Public Prosecutor also.

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The learned Public Prosecutor points out that the business

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model of the company was to enroll several persons in the scheme formulated by the company and to cheat them by not returning the money or the returns as promised. It is submitted that the matters

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B.A. No.678 of 2022

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: 4 :

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are being investigated and a clear picture will be revealed only after thorough investigation. It is submitted that the model/scheme operated by the company is a direct violation of the guidelines instructions issued by the Government of Kerala in the matter of operation of multi level marketing companies and in violation of provisions contained in the Prize Chits and Money Circulation Scheme (Banning) Act 1978.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in Crime No. 8/2022 of Cherpulassery Police Station in Palakkad District, subject to the following conditions:-

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(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

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(ii) Petitioners shall appear before the investigating officer in Crime No. 8/2022 of Cherpulassery Police Station in Palakkad District as and when summoned to do so;

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B.A. No.678 of 2022

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: 5 :

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(iii) Petitioners shall not attempt to contact the the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 8/2022 of Cherpulassery Police Station in Palakkad District;

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(iv) The petitioners shall not involve in any other crime while on bail.

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(v) The petitioners shall surrender their passport before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 8/2022 of Cherpulassery Police Station in Palakkad District may file an application before the jurisdictional Court, for cancellation of bail.

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Sd/-

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VIJU ABRAHAM JUDGE

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sm/

Rajeesh V.P. v. State of Kerala

Case brief

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Rajeesh V.P. v. State of Kerala

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