Full Judgment
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 19TH DAY OF SEPTEMBER 2023/28TH BHADRA, 1945 BAIL APPL. NO. 6367 OF 2023 CRIME NO. 1388/2020 OF PEROORKADA POLICE STATION, PETITIONER/ACCUSED: ROBINSON DAVID, AGED 67 YEARS, S/O DAVID, MAJOR ARCH BISHOP OF INDIAN EVANGELICAL CHURCH, KERALA SYNOD, RESIDING AT ARCH BISHOP PALACE, CONCORDIA LUTHERAN MISSION, MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695005. BY ADVS.M/S.PRATHAP. S.R.K., ANN OLIVIA VALLAVANADAN & AJITH BHASI RESPONDENTS/COMPLAINANTS:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. THE STATION HOUSE OFFICER, PEROORKADA POLICE 2 STATION, PEROORKADA, THIRUVANANTHAPURAM, PIN - 695005. ARUN M.A, S/O. MANI RESIDING AT SIVA PRABHA, 3 THALAYIL THEMBAMUTTATHU, ERUTHAVOOR, BALARAMAPURAM, THIRUVANANTHAPURAM, KERALA STATE. ADVS.M/S.ANOOP JOSEPH, ASWANI THUVVAKKADAN, K.A.ROSEFLY, V.C.SURESH BABU & ATHULYA K. SMT.T.V.NEEMA, SR.P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 6367 of 2023 Dated this the 19th day of September, 2023
ORDER
Apprehending arrest in Crime No. 1388/2020 of Peroorkada Police Station, Thiruvananthapuram, registered for offences punishable under Sections 406 & 420 of the IPC, the accused has filed this application under Section 438 of the Code of Criminal Procedure.
2. The prosecution case is that the accused convinced the defacto
complainant that he is the Major Arch Bishop of Evangelical Lutheran Church and Corporate School Manager of Lutheran Church Kerala Synod and convinced him that he will be appointed as Hindi Teacher against the vacancy which will occur during June, 2016 and received Rupees Ten Lakhs on 16.6.2015 at the office of the Arch Bishop of Evangelical Lutheran Church at Manammoola at Thiruvananthapuram District and thereby committed the abovesaid offences.
3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
4. Taking into account the allegation that the defacto complainant ..3..
had paid money to the accused on the promise that the petitioner would give an appointment as a teacher in one of the schools and that the petitioner, though, was served with notice under Section 41 A of the Cr. P.C. has not chosen to respond, I do not think this as a fit case to grant anticipatory bail. Accordingly, the same is rejected, and the following directions are issued:
In the event the petitioner surrenders before the Investigating
Officer within ten days from today, 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.
The Bail Application is dismissed. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG ..4.. APPENDIX OF BAIL APPL. NO.6367/2023 PETITIONER'S ANNEXURES: TRUE COPY OF THE FIR NO.1388/2020 ANNEXURE 1 REGISTERED BY THE 2ND RESPONDENT TRUE COPY OF THE STATEMENT GIVEN BY THE DEFACTO COMPLAINANT BEFORE THE 2ND ANNEXURE 2 RESPONDENT ALONG WITH TYPED LEGIBLE COPY TRUE COPY OF THE STATEMENT DATED ANNEXURE 3 BEFORE THE HON'BLE CHIEF JUDICIAL TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN CMP NO. 2981/2023 ON
ANNEXURE 4 THE FILES OF JUDICIAL FIRST CLASS
TRUE COPY OF THE JUDGMENT DATED
ANNEXURE 5 25/11/2021 IN WPC 29103/2020 OF THISHON'BLE COURT