Leon vs State of Kerala

LEON vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 18, 2023

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https://sooperkanoon.com/case/1330298

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Citation: sooperkanoon.com/1330298
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 18, 2023
Case Number: Bail Appl./120/2023

Parties & Advocates

Appellant / Petitioner

LEON

Respondent

State of Kerala

Excerpt

.....petitioner is the 1st accused in crime no.1124/2022 of eravipuram police station, kollam, alleging offence under section 420 r/w section 34 of the indian penal code, 1860.3. the prosecution case is that the accused had with intention tocheat the defacto complainant collected an amount of rs.2,00,000/- and returned only rs. 14,940/- and failed to returned the balance amount and committed the offences alleged.4. adv. bhanu thilak, the learned counsel appearing for thepetitioner contended that the prosecution case is false and the incident as alleged had not occurred. it is further submitted that petitioner is willing to abide by any conditions that may be imposed upon him.5. sri. noushad k.a, the learned the learned public prosecutor,opposed the grant of bail and contended that the allegations are serious requiring custodial interrogation. it is also submitted that petitioner is having two other criminal cases.6. i have considered the rival contentions.7. having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, i am of the opinion that custodial interrogation is not essential.8. in the result, this application is allowed. it is directed thatthe petitioner shall be released on anticipatory bail, in the event of arrest in crime crime no.1124/2022 of eravipuram police station, subject to the following conditions:-(a) petitioner shall appear before the investigating officer on 25-01-2023 and shall subject himself to interrogation.(b) if after interrogation, the investigating officerproposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum before the investigating officer.(c) petitioner shall appear before the investigating officer as and when required and shall also co- operate with the investigation.(d) petitioner shall not intimidate or attempt to influence the witnesses;.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944 BAIL APPL. NO. 120 OF 2023 AGAINST THE ORDER/JUDGMENTCRMC 2359/2022 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM PETITIONER/ACCUSED NO.1: LEON AGED 57 YEARS S/O BEN, RESIDING AT ANDREA VILLA, CHAVARA SOUTH P.O., KOLLAM - 691584 BY ADVS. BHANU THILAK S.R.PRASANTH VISHNU.R HARI SHANKAR PRASAD SARUN K. IDICULA RESPONDENTS/COMPLAINANTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 2 STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, KOLLAM - 691011 3 GETRUDE AGED 63 YEARS W/O. CAMMAYANS, THANNIYIL MAYYANAD P.O, KOLLAM- 691303 OTHER PRESENT: SRI. NOUSHAD. K. A - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=- =-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of January, 2023

ORDER

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the 1st accused in Crime No.1124/2022 of Eravipuram Police Station, Kollam, alleging offence under Section 420 r/w Section 34 of the Indian Penal Code, 1860.

3. The prosecution case is that the accused had with intention to

cheat the defacto complainant collected an amount of Rs.2,00,000/- and returned only Rs. 14,940/- and failed to returned the balance amount and committed the offences alleged.

4. Adv. Bhanu Thilak, the learned counsel appearing for the

petitioner contended that the prosecution case is false and the incident as alleged had not occurred. It is further submitted that petitioner is willing to abide by any conditions that may be imposed upon him.

5. Sri. Noushad K.A, the learned the learned Public Prosecutor,

opposed the grant of bail and contended that the allegations are serious requiring custodial interrogation. It is also submitted that petitioner is having two other criminal cases.

6. I have considered the rival contentions.

7. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the opinion that custodial interrogation is not essential.

8. 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 Crime No.1124/2022 of Eravipuram Police Station, subject to the following conditions:-

(a) Petitioner shall appear before the Investigating Officer on 25-01-2023 and shall subject himself to interrogation.

(b) If after interrogation, the Investigating Officer

proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co- operate with the investigation.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members;

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the

permission of the Court having jurisdiction. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. BECHU KURIAN THOMAS, JUDGE mtk/18.01.23 APPENDIX OF BAIL APPL. 120/2023 PETITIONER ANNEXURES Annexure. A1 TRUE COPY OF THE THE IDENTITY CARD ISSUED SHOWING THE DISABILITY OF THE WIFE OF THE Annexure. A2 TRUE COPY OF THE THE IDENTITY CARD ISSUED SHOWING THE DISABILITY OF THE SON OF THE Annexure. A3 TRUE COPY OF THE JUDGEMENT DATED 05-08- 2022 IN WP(C) NO.23732 OF 2022 Annexure. A4 TRUE COPY OF THE CMP FILED BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT,II KOLLAM, HAVING CMP NO. 2489/2022 DATED 22-08-2022 Annexure.A 5 TRUE COPY OF FIR NO. 1124/2022, DATED 02- 09-2022 OF ERAVIPURAM POLICE STATION

Annexure. A6 TRUE COPY OF THE CERTIFIED COPY OF ORDER

DATED 22-12-2022, IN CRL.M.C.NO. JUDGE-II, KOLLAM Annexure. A7 TRUE COPY OF THE CASE SUMMARY OF THE

Same Court & Year Kerala · 2023 Same Parties LEON vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas