Babu John vs the State of Kerala

Babu John vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 22, 2022

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https://sooperkanoon.com/case/1556035

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Citation: sooperkanoon.com/1556035
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Jul 22, 2022
Case Number: Bail Appl./9472/2021

Parties & Advocates

Appellant / Petitioner

Babu John

Respondent

The State of Kerala

Excerpt

.....2orderthis is an application for anticipatory bail under section 438 of the cr.p.c.2. the petitioner herein is the sole accused in crime no.1459 of 2021 of thiruvalla police station, registered under section 420 of the ipc.3. the prosecution allegation is that the petitionerreceived rs.5,40,000/- from the de facto complainant on the assurance to provide american visa and thereafter, failed to arrange visa as offered or to return the amount.4. according to the petitioner, it was only a loantransaction between himself and the de facto complainant, for which a promissory note was also issued by him. instead of seeking civil remedy for realising the amount, a false criminal complaint was lodged against him alleging cheating.5. the learned public prosecutor produced the report ofthe investigating officer, which shows that the following crimes were registered against the petitioner in different police stations for similar offence of cheating.1. ettumanoor police station, crime no.1481 of 2021, u/s.420 bail appl. no.9472 of 2022 32. kaduthuruthi police station, crime no.1144 of 2021, u/s.406, 420 and 34 ipc.3. ramapuram police station, crime no.800 of 2021, u/s.420, 34 ipc.4. erattupetta police station, crime no.1046 of 2021, u/s.420, 34 ipc; and5. chavara police station, crime no.1229 of 2021, u/s.420, 34the learned public prosecutor vehemently opposed the bail application stating that if he is released on bail, he may repeat similar offence by cheating the public.6. the petitioner is having criminal antecedents of similarnature and five other crimes are pending against him for cheating. the investigation is progressing and according to the prosecution, more crimes may be registered against him for similar offence. considering these facts, this court is not inclined to entertain his application for anticipatory bail. in the result, this bail application is dismissed. sd/- sophy thomas, judge dsv/22.07.2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 22ND DAY OF JULY 2022 / 31ST ASHADHA, 1944 BAIL APPL. NO. 9472 OF 2021 CRIME NO.1459/2021 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT PETITIONER/ACCUSED: BABU JOHN, AGED 53 YEARS, S/O. VARKEY JOHN, NAZRETH VILLA, R.S.ROAD, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENTS/STATE OF KERALA/COMPLAINANT: 1 THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031. 2 SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101. 3 JOJO VARGHESE, KOCHANTETHU, POONKAVU, MALLASERRY, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689691. ADV.SANAL P RAJ (PUBLIC PROSECUTOR) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.9472 OF 2022 2

ORDER

This is an application for anticipatory bail under Section 438 of the Cr.P.C.

2. The petitioner herein is the sole accused in Crime No.1459 of 2021 of Thiruvalla Police Station, registered under Section 420 of the IPC.

3. The prosecution allegation is that the petitioner

received Rs.5,40,000/- from the de facto complainant on the assurance to provide American Visa and thereafter, failed to arrange Visa as offered or to return the amount.

4. According to the petitioner, it was only a loan

transaction between himself and the de facto complainant, for which a promissory note was also issued by him. Instead of seeking civil remedy for realising the amount, a false criminal complaint was lodged against him alleging cheating.

5. The learned Public Prosecutor produced the report of

the Investigating Officer, which shows that the following crimes were registered against the petitioner in different Police Stations for similar offence of cheating.

1. Ettumanoor Police Station, Crime No.1481 of 2021, U/s.420 BAIL APPL. NO.9472 OF 2022 3

2. Kaduthuruthi Police Station, Crime No.1144 of 2021, U/s.406, 420 and 34 IPC.

3. Ramapuram Police Station, Crime No.800 of 2021, U/s.420, 34 IPC.

4. Erattupetta Police Station, Crime No.1046 of 2021, U/s.420, 34 IPC; and

5. Chavara Police Station, Crime No.1229 of 2021, U/s.420, 34

The learned Public Prosecutor vehemently opposed the bail application stating that if he is released on bail, he may repeat similar offence by cheating the public.

6. The petitioner is having criminal antecedents of similar

nature and five other crimes are pending against him for cheating. The investigation is progressing and according to the prosecution, more crimes may be registered against him for similar offence. Considering these facts, this Court is not inclined to entertain his application for anticipatory bail. In the result, this bail application is dismissed. Sd/- SOPHY THOMAS, JUDGE DSV/22.07.2022

Same Court & Year Kerala Orders · 2022 Same Parties Babu John vs The State of Kerala Same Judge Honourable Mrs. Justice Sophy Thomas