Mercy vs State of Kerala

MERCY vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 10, 2023

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https://sooperkanoon.com/case/1387634

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Citation: sooperkanoon.com/1387634
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Nov 10, 2023
Case Number: Bail Appl./7769/2023

Parties & Advocates

Appellant / Petitioner

MERCY

Respondent

State of Kerala

Excerpt

.....section 420 of the indian penal code, the accused has filed this application under section 438 of the code of criminal procedure.2. the petitioner is an employee in a consultancy agencyunder the name and style ‘the wings h.r solution’. the defacto complainant approached the consultancy to obtain a european visa, and for the same, he had given an amount of rs.1,49,000/- to the account of the 2 nd accused. however, after obtaining the amount, he neither obtained the visa nor returned the amount.3. today, when this matter was taken up forconsideration, the learned counsel for the petitioner and the learned public prosecutor submitted that the petitioner had appeared before the investigating officer and had subjected himself for interrogation. in such circumstances, i am inclined to grant anticipatory bail to the petitioner on the following :3: conditions:-(i) the petitioner is directed to surrender before theinvestigating officer within a week from today, and on such surrender, the investigating officer can interrogate the petitioner. in the event of his arrest, the investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.(ii) on such production, the jurisdictional courtshall release the petitioner on bail, on executing a bond for rs.25,000/- (rupees twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.(iii) the petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the investigating officer directs to do so.(iv) the petitioner shall not intimidate the witnesses or interfere with the investigation in any :4: manner.(v) the petitioner shall not be involved in any offence while on bail.(vi) if any of the above conditions are violated, the courtconcerned will be empowered to take steps for cancellation of bail as per law......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945 BAIL APPL. NO. 7769 OF 2023 CRIME NOT KNOWN OF THE WADAKKANCHERRY POLICE STATION, THRISSUR PETITIONER: MERCY AGED 51 YEARS, W/O VARGHESE, AKKARA HOUSE, MALAKKA DESOM, MANALITHARA P.O, THRISSUR DISTRICT, PIN - 680589 BY ADVS. C.DHEERAJ RAJAN ANAND KALYANAKRISHNAN RESPONDENTS: STATE OF KERALA 1 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 STATION HOUSE OFFICER 2 WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT, PIN - 680582 BY SMT. T.V.NEEMA. SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

ORDER

Dated this the 10th day of November, 2023 Apprehending arrest in Crime not known of Wadakkanchery Police Station, Thrissur, registered for an offence punishable under Section 420 of the Indian Penal Code, the accused has filed this application under Section 438 of the Code of Criminal Procedure.

2. The petitioner is an employee in a consultancy agency

under the name and style ‘The Wings H.R Solution’. The defacto complainant approached the consultancy to obtain a European visa, and for the same, he had given an amount of Rs.1,49,000/- to the account of the 2 nd accused. However, after obtaining the amount, he neither obtained the visa nor returned the amount.

3. Today, when this matter was taken up for

consideration, the learned Counsel for the petitioner and the learned Public Prosecutor submitted that the petitioner had appeared before the investigating officer and had subjected himself for interrogation. In such circumstances, I am inclined to grant anticipatory bail to the petitioner on the following :3: conditions:-

(i) The petitioner is directed to surrender before the

Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court

shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs to do so.

(iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any :4: manner.

(v) The petitioner shall not be involved in any offence while on bail.

(vi) If any of the above conditions are violated, the court

concerned will be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C.P., JUDGE mtk :5: APPENDIX OF BAIL APPL. 7769/2023 PETITIONER ANNEXURES THE TRUE COPY OF THE LETTER DATED 30.03.2023 ISSUED BY THE AUSTRIAN EMBASSY Annexure 1 EVIDENCING THE FACTUM OF REJECTION OF VISA APPLICATION

Same Court & Year Kerala · 2023 Same Parties MERCY vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.