Allowed

E.K.Sabu v. the State of Kerala

Kerala HC11 Feb 2022Bail Appl./8404/2021

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, a 4th accused in a cheating and forgery case, noting his service record and lack of direct allegations. The court imposed standard conditions including surrender by a specified date and a cash bond.

What did the court decide?

Anticipatory bail granted subject to surrender by 18.02.2022, bond of Rs.50,000 with two sureties, and specific conduct conditions.

E.K.Sabu Vs the 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 MRS. JUSTICE SOPHY THOMAS

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FRIDAY, THE 11^TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 BAIL APPL. NO. 8404 OF 2021

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(CRIME No.628 OF 2016 OF THUMBA POLICE STATION) PETITIONER/4TH ACCUSED:

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E.K.SABU AGED 53 YEARS S/O. P. K. KUTTAPPAN, ITHITHARA HOUSE, CHERUKARA P. O., ALAPPUZHA - 688 506.

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BY ADV BIJU ABRAHAM

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

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OTHER PRESENT:

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SMT. C. SEENA, PUBLIC PROSECUTOR.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A No.8404 of 2021

SOPHY THOMAS, J.

Bail Application No.8404 of 2021

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Dated this the 11^th day of February, 2022

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O R D E R

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This is an application for anticipatory bail under Section 438 Cr.P.C.

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Petitioner is the 4^th accused in Crime No.628 of 2016 of Thumba Police Station, registered under Sections 473, 420, 468, 471 read with Section 34 of IPC.

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The prosecution allegation is that, the petitioner and other accused, in furtherance of their common intention of cheating the de facto complainant and his brother, so as to make unlawful gain, made them to believe that they would arrange job for them in Travancore Devaswom Board and they manipulated and forged orders and advise memos to make them believe that

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they have arranged the job offered, and fraudulently obtained Rs.12,50,000/-, after verifying their certificates by the 3^rd accused pretending, himself as the Assistant Superintendent of Devaswom Board. After receipt of amounts, they neither arranged the job nor returned the money.

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B.A No.8404 of 2021

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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According to the petitioner, he is working as Health Inspector in a Primary Health Centre at Neelampara and only recently, the Sub Inspector of Police, Thumba informed him that he was an accused in Crime No.628 of 2016 in a private complaint filed by the de facto complainant. In fact he had no connection with the 1^st accused with respect to the offence alleged. Since he had some financial liability, he had contacted the 1^st accused, who is a real estate broker, to sell away his property. When the Police arrested the 1^st accused, on tracing his contacts, the phone number of the petitioner herein was collected and so, he was made an accused.

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Learned Public Prosecutor submitted the report of the Investigating Officer. There are five accused persons charged under that crime. No allegations are seen against the petitioner regarding any offer made by him or regarding receipt of amounts from the de facto complainant and his brother. The fake interview is said to have been conducted by the present petitioner. Accused Nos.1 and 3 were already arrested and released on bail.

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B.A No.8404 of 2021

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The crime is of the year 2016. The investigation is not yet completed, may be because the remaining accused were not available. The petitioner is still in service working as a Health Inspector. So, there is no chance for him to abscond. Therefore,

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this Court is inclined to release him on anticipatory bail on the following conditions:

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(i) The petitioner is directed to surrender before the Investigating Officer on or before 18.02.2022. The Investigating Officer can collect all materials and evidence within his knowledge which are useful for the investigation.

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(ii) In the event of arrest, he shall be released on bail on executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.

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(iii) The petitioner shall appear before the Investigating Officer as and when required by the Investigating Officer.

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(iv) He 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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(v) He shall not tamper with the evidence.

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(vi) He shall not commit any offence while on bail.

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B.A No.8404 of 2021

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In case of violation of any of the above conditions, the Jurisdictional Magistrate is empowered to cancel the bail, in accordance with law.

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Sd/-

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SOPHY THOMAS JUDGE

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smp

E.K.Sabu v. the State of Kerala

Case brief

What is this about?

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E.K.Sabu v. the State of Kerala

Case brief

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