Previous High Court of Kerala delivered a single-paragraph order dismissing an anticipatory bail application under Section 438 CrPC in a cheating case, directing the petitioner to surrender for interrogation.
Petitioner directed to surrender before Investigating Officer by 22.02.2024 for interrogation. Bail application dismissed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA,
1945
BAIL APPL. NO. 191 OF 2024
CRIME NO.1086/2023 OF Kulathupuzha Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CRMC 2616/2023 OF DISTRICT
COURT & SESSIONS COURT,KOLLAM
PETITIONER/2ND ACCUSED:
SUMITHA SUDARSAN,
AGED 36 YEARS
D/O.SUDARSAN, SUMITHA BHAVAN, MARTHANDAMKARA
P.O., KULATHUPUZHA, PIN - 691312
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER, KULATHUPUZHA POLICE STATION, KULATHUPUZHA, KOLLAM, PIN - 691310THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.191/2024
..2..
SOPHY THOMAS, J
=========================
Bail.Appl.No.191 of 2024
========================== Dated this the 15th day of February, 2024
ORDER
This is an application for anticipatory bail under Section 438 of CrPC filed by the 2nd accused in Crime No.1086/2023 of Kulathupuzha Police Station, Kollam, registered under Sections 406, 420 and 34 of IPC.
..3..
BA No.191/2024
14/2024 are registered against her.
BA No.191/2024
..4..
appropriate orders on the date of application itself, as far as possible.
With these directions, the bail application stands
dismissed.
Sd/- SOPHY THOMAS JUDGE
ACR
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 CrPC should be granted in a cheating case involving criminal antecedents.
Whether the presence of the accused is necessary for effective investigation due to the modus operandi adopted by the petitioner and co-accused.
1 provisions across 1 enactments
Sumitha Sudarsan
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court