C.P John vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2023

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Citation: sooperkanoon.com/1369254
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 30, 2023
Case Number: Bail Appl./5020/2023

Parties & Advocates

Appellant / Petitioner

C.P John

Respondent

State of Kerala

Excerpt

.....in crime no.676 of 2023 of thiruvalla police station, pathanamthitta district, alleging offence punishable under section 420 of the indian penal code, 1860.3. according to the prosecution, the accused had withintent to cheat the father of the defacto complainant, induced him to invest in a flat by paying huge amounts and thereafter, failed to hand over the flat nor return the amount and thereby committed the offence alleged.4. i have heard sri.jai george, learned counsel for the petitioner, as well as smt.v.sreeja, learned public prosecutor.5. petitioner is alleged to have cheated the apartmentpurchasers by failing to construct the apartment or return the amounts invested by them. petitioner was absconding for several b.a.no.5020/2023 3 years and he was finally arrested on 14.06.2023. in a similar case against the very same petitioner, this court had granted bail on 26.06.2023 in b.a.no.4921 of 2023.6. considering the nature of allegations and the period ofdetention already undergone, i am of the view that further detention of the petitioner is not essential and that the petitioner can be released on bail on strict conditions.7. accordingly, i allow this application with the following conditions:-(a) petitioner 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 to the satisfaction of the court having jurisdiction.(b) petitioner shall co-operate with the investigation.(c) petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.(d) petitioner shall not commit any similar offences while he is on bail.(e) petitioner shall not travel outside kerala and shall surrender the passport. if the passport has already been surrendered, an affidavit to that effect shall be submitted.in case of violation of any of the above conditions, the b.a.no.5020/2023 4 jurisdictional court shall be empowered to consider the application for.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 BAIL APPL. NO. 5020 OF 2023 CRIME NO.676/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED: C.P JOHN AGED 60 YEARS S/O. C.V.PHILIPOSE CHANDRAVIRUTHIL VEEDU, KULAKKADU P.O. THIRUVALLA, PATHANAMTHITTA, PIN - 689101

BY ADV JAI GEORGE RESPONDENT/STATE & COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.SMT.SREEJA.V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5020/2023 2

BECHU KURIAN THOMAS, J.

----------------------------------- B.A.No.5020 of 2023 ------------------------------------ Dated this the 30th day of June, 2023

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

2. Petitioner is the sole accused in Crime No.676 of 2023 of Thiruvalla Police Station, Pathanamthitta District, alleging offence punishable under Section 420 of the Indian Penal Code, 1860.

3. According to the prosecution, the accused had with

intent to cheat the father of the defacto complainant, induced him to invest in a flat by paying huge amounts and thereafter, failed to hand over the flat nor return the amount and thereby committed the offence alleged.

4. I have heard Sri.Jai George, learned counsel for the petitioner, as well as Smt.V.Sreeja, learned Public Prosecutor.

5. Petitioner is alleged to have cheated the apartment

purchasers by failing to construct the apartment or return the amounts invested by them. Petitioner was absconding for several B.A.No.5020/2023 3 years and he was finally arrested on 14.06.2023. In a similar case against the very same petitioner, this Court had granted bail on 26.06.2023 in B.A.No.4921 of 2023.

6. Considering the nature of allegations and the period of

detention already undergone, I am of the view that further detention of the petitioner is not essential and that the petitioner can be released on bail on strict conditions.

7. Accordingly, I allow this application with the following conditions:-

(a) Petitioner 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 to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the investigation.

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

(e) Petitioner shall not travel outside Kerala and shall surrender the passport. If the passport has already been surrendered, an affidavit to that effect shall be submitted.

In case of violation of any of the above conditions, the B.A.No.5020/2023 4 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. Sd/- BECHU KURIAN THOMAS JUDGE csl

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