Dismissed

Soby George v. State of Kerala

Kerala HC15 Nov 2023Bail Appl./6677/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application seeking relief against arrest in a cheating case, the court dismissed the plea. Citing the petitioner's eighteen similar criminal antecedents and the serious nature of the offence involving cheating, the court held that bail would adversely affect investigation.

What did the court decide?

The plea for anticipatory bail is rejected; directions to surrender issued or arrest permissible.

Soby George 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 MOHAMMED NIAS C.P.

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WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945

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BAIL APPL. NO. 6677 OF 2023

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CRIME NO.453/2023 OF Kalady Police Station, Ernakulam

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PETITIONER

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SOBY GEORGE

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AGED 55 YEARS
S/O KORAH GEORGE, KAKKANADU HOUSE, NELLIMATTOM POST,
KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN - 686693

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BY ADVS.
BINU V V VEETTIL VALAPPIL
S.K.PREMJITH MENON
K.BINNI

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RESPONDENTS

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2HELBI MOHAN
S/O MOHAN, KONATHUKUDY HOUSE, PARAPPURAM POST,
KANJOOR VILLAGE, ERNAKULAM RURAL, ERNAKULAM DISTRICT-
683575

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 IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 25-
9-23 IN CRL MA NO.1

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OTHER PRESENT:

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SMT. T.V. NEEMA, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No.6677 of 2023

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MOHAMMED NIAS C.P, J.

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--------------------------------------------B.A. No.6677 of 2023

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-----------------------------------------------------Dated this the 15^th day of November, 2023

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O R D E R

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Apprehending arrest in Crime No.453 of 2023 of Kalady police station registered for offences under Sections 420 read with Section 34 of IPC, the 1st accused/petitioner has filed this petition seeking pre-arrest bail.

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The prosecution allegation is as follows:

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The 2^nd accused with an intention to cheat the defacto complainant, introduced the petitioner/1st accused to the defacto complainant and offered a job at Germany and demanded an amount of Rs.2,00,000/- for the same. As per the inducement, on 01.10.2019, the defacto complainant transferred an amount of Rs.2,00,000/- from his account to the account of the 1st accused. But as per the offer, no job was arranged or not returned the amount. Thus the petitioner, along with the other accused have committed the aforesaid offences.

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The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. Adv.Ajay.P.R appears

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B.A. No.6677 of 2023

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for the defacto complainant.

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After hearing the learned counsel for the petitioner and the learned Public Prosecutor, it cannot be said that the offences alleged are not attracted in the case. Considering the allegations against the petitioner of having obtained money promising a German visa and there being eighteen similar criminal antecedents against the petitioner, I hold that the petitioner is not entitled to get anticipatory bail as it will adversely affect a proper investigation.

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Therefore, the following directions are issued:-

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In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

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B.A. No.6677 of 2023

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The bail application is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P

smm

JUDGE

B.A. No.6677 of 2023

APPENDIX OF BAIL APPL. 6677/2023

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PETITIONER ANNEXURES
Annexure 1TRUE COPY OF THE FIR IN CRIME
NO.453/2023 OF KALADY POLICE

Soby George v. State of Kerala

Case brief

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Soby George v. State of Kerala

Case brief

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