Shree vs State of Kerala

SHREE vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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Citation: sooperkanoon.com/1753988
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 23, 2020
Case Number: Bail Appl./1779/2020

Parties & Advocates

Appellant / Petitioner

SHREE

Respondent

State of Kerala

Excerpt

.....following: b.a.no.1779/2020 2orderdated this the 23rd day of march, 2020 the petitioners are accused nos.1 and 2 in crime no.22/2020 of the alathur police station. the above case is registered alleging the offences punishable under sections 406 and 420 r/w 34 ipc.2. the prosecution case is that the accused personscommitted breach of trust and cheated the defacto complainant by giving false promise that they would deliver gold ornaments in a lesser price and thereby collected rs.5,62,000/-. by believing the words of the accused persons, the defacto complainant had paid rs.5,62,000/- to the accused persons during the period from 20.5.2019 to 18.6.2019. the prosecution further alleged that the 2 nd accused who is working abroad in a jewellery shop made believe the defacto complainant that if he deposit money in abroad for purchasing gold, the same would be delivered through any of the jewelleries in kerala without collecting making charge. but no gold was given to the defacto complainant and he was cheated by all the accused persons jointly and severally.b.a.no.1779/2020 33. heard the learned counsel for the petitioners and the learned public prosecutor.4. after hearing the parties in detail and goingthrough the facts in this case, i think this is a fit case in which the jurisdiction under section 438 cr.p.c can be invoked. no custodial interrogation is necessary in this case. therefore, the bail application is allowed on the following conditions: i) the petitioners shall surrender before the investigating officer within ten days from today. ii) in the event of their arrest they shall be released on bail on executing a bond for rs.10,000/- (rupees ten thousand only) each with two solvent sureties each for the like sum. iii) the petitioners shall appear before the investigating officer as and when required.sd/- p.v.kunhikrishnan judge ab b.a.no.1779/2020 4

Full Judgment

B.A.No.1779/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1779 OF 2020 CRIME NO.22/2020 OF Alathur Police Station , Palakkad PETITIONER/ACCUSED NOS.1 AND 2: 1 SHREE AGED 24 YEARS D/O.SASI, MALLAPARAMBIL VEEDU, AMARAVATHY,KOCHI, 2 PREMA, AGED 58 YEARS W/O.SASI, MALLAPARAMBIL VEEDU, AMARAVATHY, KOCHI, BY ADVS. SRI.RASHEED C.NOORANAD SMT.M.N.ANITHA SRI.NOEL JOSEPH

RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. SRI.REMESH CHAND -PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A.No.1779/2020 2

ORDER

Dated this the 23rd day of March, 2020 The petitioners are accused Nos.1 and 2 in Crime No.22/2020 of the Alathur Police Station. The above case is registered alleging the offences punishable under Sections 406 and 420 r/w 34 IPC.

2. The prosecution case is that the accused persons

committed breach of trust and cheated the defacto complainant by giving false promise that they would deliver gold ornaments in a lesser price and thereby collected Rs.5,62,000/-. By believing the words of the accused persons, the defacto complainant had paid Rs.5,62,000/- to the accused persons during the period from 20.5.2019 to 18.6.2019. The prosecution further alleged that the 2 nd accused who is working abroad in a jewellery shop made believe the defacto complainant that if he deposit money in abroad for purchasing gold, the same would be delivered through any of the jewelleries in Kerala without collecting making charge. But no gold was given to the defacto complainant and he was cheated by all the accused persons jointly and severally.

B.A.No.1779/2020 3

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. After hearing the parties in detail and going

through the facts in this case, I think this is a fit case in which the jurisdiction under Section 438 Cr.P.C can be invoked. No custodial interrogation is necessary in this case. Therefore, the bail application is allowed on the following conditions: i) The petitioners shall surrender before the investigating officer within ten days from today. ii) In the event of their arrest they shall be released on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum. iii) The petitioners shall appear before the investigating officer as and when required.

Sd/- P.V.KUNHIKRISHNAN JUDGE ab B.A.No.1779/2020 4

Same Court & Year Kerala · 2020 Same Parties SHREE vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan