Allowed

Suresh v. State of Kerala

Kerala HC11 Sept 2023Bail Appl./4149/2023

Case brief

AI extract

What is this about?

Kerala High Court allowed a bail application filed by an accused charged under Section 420 IPC. The court granted anticipatory bail subject to execution of a bond, appearance before the investigation officer, and restrictions on contacting witnesses.

What did the court decide?

Petitioner granted anticipatory bail subject to executing a bond of Rs.50,000 with two solvent sureties, appearing before the IO, and not contacting witnesses or interfering with investigation.

Suresh Vs State of Kerala — Cheating and Forgery | Kerala HC (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 GOPINATH P.

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MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945

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BAIL APPL. NO. 4149 OF 2023

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IN CRMC 1604/2023 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD

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CRIME NO.262/2023 OF KOZHINJAMPARA POLICE STATION, PALAKKAD

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PETITIONER/ACCUSED:

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SURESH
AGED 55 YEARS, S/O. LATE KUNJAN,
KONGAPARA, KOZHIPARA P.O., PUDUSSERY VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN – 678 557.

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BY ADVS.

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 SANTHEEP ANKARATH
 T.R.ANIL VENUGOPAL

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682 031.

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2 STATION HOUSE OFFICER KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA, PALAKKAD DISTRICT, PIN – 678 555.

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3ADDL.R3 PRIYANKA,
W/O. PREMKUMAR,KARUKKANPOTTA HOUSE,ERATTAKULAM POST,
NALLEPPULLY,PALAKKAD DISTRICT IS IMPLEADED AS PER ORDER
DATED 07/06/2023 IN CRL.M.A.NO.1/2023 IN
B.A.NO.4149/2023.

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BY ADV SRI. NOUSHAD K A (SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.4149/2023

ORDER

This is an application for anticipatory bail.

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Petitioner is the accused in Crime No.262/2023 of Kozhinjampara Police Station, Palakkad District, alleging commission of offence under Section 420 of the Indian Penal Code.

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The allegation against the petitioner is that the petitioner had received a sum of Rs.50,000/- from the defacto complainant in the year 2020, promising to obtain for her a job in Malabar Distilleries, in which, the petitioner is an employee. It is alleged that the petitioner did not arrange any job for the defacto complainant and did not also return the amount received from the defacto complainant and thus he had committed the offence alleged against him.

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The learned counsel for the petitioner would submit that the petitioner is totally innocent in the matter. It is submitted that the allegations are raised on account of political rivalry. It is submitted that the petitioner had no occasion to receive any amount of money from the defacto complainant promising to obtain for her a job in the Malabar Distilleries, where the petitioner is an employee. It is submitted that though

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B.A.No.4149/2023

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notice was taken to the defacto complainant, there is no appearance for the defacto complainant.

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Heard the learned Senior Public Prosecutor also.

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Having heard the learned counsel for the petitioner and the learned Senior Public Prosecutor and having regard to the facts and circumstances of the case and taking into consideration the fact that no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.262/2023 of Kozhinjampara Police Station, Palakkad District subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of 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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(ii) Petitioner shall appear before the investigating officer in Crime No.262/2023 of Kozhinjampara Police Station, Palakkad District at 11.00 a.m on 20-09-2023 and thereafter whenever called upon to do so;

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(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or

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B.A.No.4149/2023

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intimidate any witness in Crime No.262/2023 of Kozhinjampara Police Station, Palakkad District;

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

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.262/2023 of Kozhinjampara Police Station, Palakkad District, may file an application before the jurisdictional Court for cancellation of bail.

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Sd/GOPINATH P. JUDGE

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ats

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh v. State of Kerala

Case brief

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