Allowed

Sruthi Venugopal , v. State of Kerala

Kerala HC17 Nov 2023Bail Appl./3161/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed a bail application filed by Sruthi Venugopal against arrest in crime charge with cheating. She surrendered to IO within seven days for interrogation and released on bail after interrogation against bonds.

What did the court decide?

Petitioner directed to surrender before Investigating Officer within seven days; released on bail on executing bond for Rs.50,000/- with two solvent sureties.

Sruthi Venugopal , Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

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B. A. No. 3161/2023

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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 MOHAMMED NIAS C.P.

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FRIDAY, THE 17^TH DAY OF NOVEMBER 2023/26TH KARTHIKA, 1945

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BAIL APPL. NO. 3161 OF 2023

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CRIME NO.132/2023 OF BALARAMAPURAM POLICE STATION,

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THIRUVANANTHAPURAM

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AGAINST THE ORDER IN CRMC 718/2023 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NO.1:

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SRUTHI VENUGOPAL, AGED 32 YEARS, S/O VENUGOPALAN NAIR, KRIPA, MUTHOOR P.O., THIRUVALLA, PATHANAMTHITTA, PIN – 689107.

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BY ADV.SRI.JOHN VARGHESE

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.

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2 STATION HOUSE OFFICER, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT (CRIME NO. 132/2023 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM), PIN – 695501.

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SRI. M.C. ASHI, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B. A. No. 3161/2023

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MOHAMMED NIAS C. P. , J.

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B. A. No. 3161 of 2023

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Dated this the 17^th day of November, 2023

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O R D E R

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Apprehending arrest in Crime No. 132/2023 of Balaramapuram Police Station, Thiruvananthapuram District, registered for offences under Sections 406, 409, 420, 468, 471 & 120B r/w 34 of the IPC, the petitioner herein/first accused has filed this petition seeking anticipatory bail.

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The prosecution case is that, accused Nos. 1 & 2 who are the Asst. Manager and Contract Appraiser respectively in the bank and the accused in furtherance of their conspiracy to obtain gold loan money without pledging gold, illegally sanctioned 52 gold loans to the 13 bank accounts of the relatives of the first accused from 21.11.2022 to 06.12.2022 and it is done without actually pledging of the gold ornaments. According to the prosecution, the petitioner has thereby

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B. A. No. 3161/2023

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cheated the bank and caused the loss of Rs.3,47,00,000/-. According to the prosecution, the alleged amounts were transferred to 13 accounts of the friends and relatives of the first accused and once it was found, that the first accused repaid an amount of Rs.1,54,00,000/- and Rs.1,79,00,000/- is remaining to be repaid and thereby, caused loss and damage to the bank and hence, committed the alleged offences.

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The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

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By order dated 5.9.2023, the learned counsel for the petitioner submitted that out of the total amount of Rs.2,56,71,000/-, the petitioner had paid Rs.30,00,000/-. It was then submitted that the remaining payment would be made after raising funds by the sale of her property. Today when the matter is taken up, both sides submitted that the entire amount has been paid. This is recorded. Under such circumstances, I do not find the custodial interrogation of the petitioner necessary.

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Accordingly, this application is allowed, and the petitioner is directed to surrender before the Investigating Officer within seven days from today for interrogation. After interrogation, in the event the

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B. A. No. 3161/2023

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petitioner is arrested, she shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer, on the following conditions:

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i. The petitioner shall report before the Investigating Officer for interrogation as and when directed.

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ii. The petitioner shall fully cooperate with the investigation.

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iii.The petitioner shall not induce, threaten or intimidate any person from disclosing facts known to her to the Investigating Officer or the court.

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iv. The petitioner shall not leave India without prior permission of the Magistrate concerned.

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v. The petitioner shall not commit any offence while on bail.

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If any of the conditions are violated, the jurisdictional court

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concerned shall be empowered to take steps for cancellation of bail, as

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per law.

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Sd/-

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MOHAMMED NIAS C. P., JUDGE

MMG

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B. A. No. 3161/2023

APPENDIX OF BAIL APPL. NO. 3161/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE-I A TRUE COPY OF THE FIR IN CRIME NO. 132/2023 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE-II AN ACCUSED COPY OF THE ORDER IN CRL MC NO 718/2023 DATED 23.03.2023

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RESPONDENTS' ANNEXURES:

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ANNEXURE R3B(C) COPY OF LETTER DATED 26.12.2022 ANNEXURE R3B(A) COPY OF LETTER DATED 21.12.2022 ANNEXURE R3B(B) COPY OF LETTER DATED 23.12.2022 ANNEXURE R3B(G) COPY OF LETTERS DATED 12.01.2023

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ANNEXURE R3A COPY OF THE BANK CIRCULAR EMPOWERING THE GOLD LOAN OFFICER (PETTIIONER/1ST ACCUSED) OF THE BRANCH TO SANCTION INDIVIDUAL GOLD LOANS TO A MAXIMUM AMOUNT OF RS.20,00,000/-

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ANNEXURE R3B(D) COPY OF LETTER DATED 28.12.2022 ANNEXURE R3B(E) COPY OF LETTERS DATED 02.01.2023 ANNEXURE R3B(F) COPY OF LETTER DATED 06.01.2023

Sruthi Venugopal , v. State of Kerala

Case brief

What is this about?

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Sruthi Venugopal , v. State of Kerala

Case brief

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