Dismissed

Binu, v. State of Kerala

Kerala HC15 Feb 2024Bail Appl./307/2024

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed two applications for anticipatory bail filed by accused Nos. 2 and 3. The court held that due to the petitioners' history of cheating and the necessity of their presence for effective investigation, pre-arrest bail was declined.

What did the court decide?

Petitioners directed to surrender before the Investigating Officer on or before 22.02.2024 and subject themselves for interrogation.

Binu, Vs State of Kerala — Cheating and Forgery | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA,

¶5

¶6

BAIL APPL. NO. 11563 OF 2023

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CRIME NO.1090/2023 OF Kulathupuzha Police Station, Kollam
PETITIONER/2ND ACCUSED:

¶8

SUMITHA,

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AGED 36 YEARS

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C/O.SUDARSANAN, SUMITHA BHAVAN, MARTHANDAMKARA
P.O., PATHINONNAMMILE, KULATHOOPUZHA, PIN -
691312

¶11

BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED

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RESPONDENTS/STATE/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 STATION HOUSE OFFICER, KUATHUPUZHA POLICE STATION, KULATHUPUZHA, KOLLAM, PIN - 691310

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Sri.Prasanth M.P. - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..307/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

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BA Nos.11563/23 & 307/24

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945

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BAIL APPL. NO. 307 OF 2024

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CRIME NO.1090/2023 OF Kulathupuzha Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CRMC 2684/2023 OF DISTRICT

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COURT & SESSIONS COURT,KOLLAM

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PETITIONER/ACCUSED NO.3:

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BINU,
AGED 48 YEARS
S/O.ANANDAN, MANI VILASAM, EWS COLONY,
KULATHUPUZHA, P.O., KOLLAM, PIN - 691310
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED

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RESPONDENT/STATE/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 STATION HOUSE OFFICER, KULATHUPUZHA POLICE STATION, KULATHUPUZHA P.O., KOLLAM, PIN - 691310

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SR.PP-SRI.VIPIN NARAYANAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..11563/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

¶33

..3..

¶34

BA Nos.11563/23 & 307/24

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SOPHY THOMAS , J

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=========================

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Bail.Appl.Nos.11563/2023 and 307/2024

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========================== Dated this the 15^th day of February, 2024

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ORDER

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These are applications for anticipatory bail under Section 438 of CrPC filed by accused nos.2 and 3 in Crime No.1090/2023 of Kulathupuzha Police Station, Kollam, registered under Sections 406, 420 and 34 of IPC.

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The prosecution allegation is that, the petitioners, along with the 1^st accused, cheated the de-facto complainant by receiving Rs.30,00,000/- from her, making her to believe that the 1^st accused will give half of the loan amount, which will be sanctioned in her name from SBI.

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Heard learned counsel for the petitioners and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail application, stating that the petitioners are having criminal antecedents of cheating, and Crime Nos.1086/2023 and 14/2024 are also registered against them.

¶44

BA Nos.11563/23 & 307/24

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Considering the fact that, the petitioners along with other accused cheated several persons and received huge amounts by making false representations, their presence also is needed to have an effective investigation, probing into the transactions involved in the crime, and the modus operandi adopted by the petitioners and their co-accused. So this Court in not inclined to release the petitioners on pre-arrest bail.

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The petitioners are directed to surrender before the Investigating Officer on or before 22.02.2024 and subject themselves for interrogation. On arrest, the Arresting Officer has to produce them before the jurisdictional court on the date of arrest itself. If they file applications for regular bail, the jurisdictional Court has to consider it on merit and pass appropriate orders, on the date of application itself, as far as possible.

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With these directions, above bail applications stand dismissed.

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Sd/-

¶49

SOPHY THOMAS JUDGE

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ACR

Binu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu, v. State of Kerala

Case brief

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