The court dismissed the anticipatory bail petition filed under Section 420 IPC, noting prima facie evidence of complicity via CCTV and antecedents. The petitioner was directed to surrender within seven days.
Anticipatory bail dismissed; petitioner directed to surrender to Investigating Officer within seven days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945 BAIL APPL. NO. 1161 OF 2021
CRIME NO.2271/2020 OF PATHANAPURAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
T. KRISHNAKUMAR AGED 62 YEARS SIVANANDA BHAVANAM, DEVI LANE ATTUKAL, MANACAUD, THIRUVANANTHAPURAM, PIN - 695009
BY ADVS. S.KRISHNA SHRI.GOVIND R.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
ADDL 2 SMITHA PONNACHAN PEACE COTTAGE, MAJAKALA, KUNNICODU, THALAVOOR, PATHANAPURAM P.O., KOLLAM RURAL PIN-689695
(IS IMPLEADED AS PER ORDER DATED 15.02.2021 IN CRL.MA NO.1/2021 IN BA NO. 1161/2021)
BY ADV.P.G.MANU, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1161 OF 2021 2
ORDER
Dated this the 21st day of July, 2023
This is an application for anticipatory bail filed by the sole accused in crime No.2271/2020 of Pathanapuram police station, where the prosecution alleges commission of offence punishable under Section 420 of IPC.
BAIL APPL. NO. 1161 OF 2021 3
anticipatory bail by highlighting absolute innocence and also pointing out the fact that he was implicated in this case since he had antecedents of similar nature.
In the result, this bail application stands dismissed.
BAIL APPL. NO. 1161 OF 2021 4
Faced with the situation, the learned counsel for the petitioner would submit that the petitioner is ready to surrender before the Investigating Officer. Therefore, the petitioner is directed to surrender before the Investigating Officer within a period of seven days from today.
Sd/A. BADHARUDEEN JUDGE
nkr
2 issues framed by the court
Whether anticipatory bail should be granted to the accused accused of cheating by means of deceptive act.
Whether the materials prima facie showing complicity render the grant of bail fatal to prosecution.
1 provisions across 1 enactments
T. KRISHNAKUMAR
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
