The High Court of Kerala granted bail to the petitioner accused in a cheating case under Section 420 IPC after the accused surrendered, instead of granting strict anticipatory bail without surrender.
Accused surrendered, executed a bond with two solvent sureties, and was released on bail after interrogation.
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.
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BAIL APPL. NO. 2318 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
BAIL APPL. NO. 2318 OF 2023
CRIME NO.1292 OF 2022 OF PATHANAMTHITTA POLICE STATION
PETITIONER/ACCUSED:
ASHRAF K.S,
S/O SAITHU, AGED 41 YEARS, KEEPPURATH
HOUSEIRUMPUPALAM KARA, MANAMKANDAM VILLAGE,
DEVIKULAM TALUK, ADIMALI, IDUKKI, PIN - 685562
BY ADV LATHEESH SEBASTIAN
RESPONDENT/STATE & COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
ADV SEETHA S-SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2318 OF 2023
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ZIYAD RAHMAN, A.A, J
Dated this the 7th day of July, 2023
This is an application for anticipatory bail.
of Pathanamthitta Police Station, Pathanamthitta District. The
said crime was registered for the offences punishable under Section 420 IPC.
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BAIL APPL. NO. 2318 OF 2023
appearing for the petitioner and Smt.Seetha S, the learned Senior Public Prosecutor appearing for the State.
apart from the fact that there were financial transactions between the parties in the form of availing credit, no offer of employment as alleged was made by the petitioner. It is also pointed out that the petitioner has already returned an amount of Rs.50,000/-. The learned counsel also highlighted the delay in reporting the matter to the police. It is pointed out that the transactions which are the subject matter of the case took place on 26.02.2021, but the FIR was registered only on 27.09.2022 based on the private complaint submitted by the defacto complainant.
After considering all the materials placed before me, I am of the view that the interest of justice would be served if the cooperation of the petitioner with the investigation is ensured. In the facts and circumstances of the case, I do not find any necessity for custodial interrogation. In the result, this application is disposed of with the following directions:-
i) The petitioner shall surrender before the Investigating
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BAIL APPL. NO. 2318 OF 2023
Officer, within a period of three weeks from today, for subjecting himself to interrogation.
ii) After interrogation, the petitioner shall be released on
bail on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.
iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.
iv) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.
v) The petitioner shall appear before the Investigating Officer as and when required.
vi) The petitioner shall not commit any offence of similar nature while on bail.
vii) The petitioner shall not make any attempt to tamper with the evidence or influence any witnesses or other persons
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BAIL APPL. NO. 2318 OF 2023
related to the investigation.
viii) The petitioner shall not leave India without the permission of the Jurisdictional Court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate
orders in accordance with the law.
sd/-
ZIYAD RAHMAN, A.A, JUDGE
R.AV
1 issue framed by the court
Whether to grant anticipatory bail to the accused in a cheating case under Section 420 IPC.
1 provisions across 1 enactments
Ashraf K.S
State of Kerala
Ziyad Rahman, A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court