Edward Daniel vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 30, 2020

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https://sooperkanoon.com/case/1791107

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Citation: sooperkanoon.com/1791107
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Oct 30, 2020
Case Number: Bail Appl./4839/2020

Parties & Advocates

Appellant / Petitioner

Edward Daniel

Respondent

State of Kerala

Excerpt

.....of chavara police station, kollam, for having allegedly committed offence punishable under section 420 r/w section 34 of the ipc.2. the prosecution case, in brief, is that while the 1st accused was working in israel, he had approached the de facto complainant in the year2016 and induced him to deliver a sum of rs.1,00,000/- on 16.09.2016 for arranging a job visa in israel. again the applicant induced the de facto complainant to give a sum of rs.1,00,000/- to accused 3 and 4, and the said amount was also paid on 25.03.2017. thereafter another payment was made by the de facto complainant of rs.1,75,000/-to a person named one manoj in a hotel named kadaltheeram under directions of the 1st accused. after the incident, the de facto complainant was provided with an air ticket to egypt from a travel agency named sky holidays cochin and he also reached egypt and stayed there about four months. but was unable to proceed to israel and he under stood that he has been cheated by the accused and all those documents which were produced were rogues and thus he filed a complaint.3. it is stated that the matter has now been settled with the de facto complainant and that the de facto complainant has no grievance and hence the applicant seeks anticipatory bail.4. the de facto complainant is represented by a counsel of his choice and he agrees that the matter has been settled.5. in view of the said submissions made by the learned counsel appearing for the de facto complainant, i am of the opinion that the applicant can be granted an anticipatory bail as prayed for.6. hence, the applicant is directed tosurrender before the investigating officer within two weeks, and after interrogation in the event of his being arrested, he shall be released on bail on execution of a bond for rs.1,00,000/-(rupees one lakh only) with two solvent sureties for thelike amount each to the satisfaction of the investigating officer and on the following condition; i. he shall appear before the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 CRIME NO.652/2019 OF Chavara Police Station, Kollam PETITIONER/S: EDWARD DANIEL AGED 45 YEARS DANISH NIVAS, NEENDAKARA, KARUNAGAPALLY THALUK, KOLLAM BY ADV. SRI.JOY C. PAUL RESPONDENT/S: 1 STATE OF KERALA HIGH COURT OF KERALA, ERNAKULAM 2 ADDL.R2 MR.LALAN HENRY(DEFACTO COMPLAINANT) S/O HENRY, PALAPAZHANJIVILA, RAKKAM VEEDU, NEAR NJARUMOODU SCHOOL, THEKKUMBHAGUM, CHAVARA, KOLLAM CITY, KERALA. IS IMPLEADED AS ADDL.R2 AS PER THE ORDER DATED 15.9.2020 IN CRL.MA 1/2020. R2 BY ADV. SRI.BINU PAUL SRI.C.N.PRABHAKARAN SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 30th day of October 2020 This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail. Applicant is the first accused in Crime No.652/2019 of Chavara Police Station, Kollam, for having allegedly committed offence punishable under Section 420 r/w Section 34 of the IPC.

2. The prosecution case, in brief, is that while the 1st accused was working in Israel, he had approached the de facto complainant in the year

2016 and induced him to deliver a sum of Rs.1,00,000/- on 16.09.2016 for arranging a job Visa in Israel. Again the applicant induced the de facto complainant to give a sum of Rs.1,00,000/- to accused 3 and 4, and the said amount was also paid on 25.03.2017. Thereafter another payment was made by the de facto complainant of Rs.1,75,000/-

to a person named one Manoj in a Hotel named Kadaltheeram under directions of the 1st accused. After the incident, the de facto complainant was provided with an Air Ticket to Egypt from a Travel agency named Sky Holidays Cochin and he also reached Egypt and stayed there about four months. But was unable to proceed to Israel and he under stood that he has been cheated by the accused and all those documents which were produced were rogues and thus he filed a complaint.

3. It is stated that the matter has now been settled with the de facto complainant and that the de facto complainant has no grievance and hence the applicant seeks anticipatory bail.

4. The de facto complainant is represented by a counsel of his choice and he agrees that the matter has been settled.

5. In view of the said submissions made by the learned counsel appearing for the de facto complainant, I am of the opinion that the applicant can be granted an anticipatory bail as prayed for.

6. Hence, the applicant is directed to

surrender before the investigating officer within two weeks, and after interrogation in the event of his being arrested, he shall be released on bail on execution of a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the

like amount each to the satisfaction of the investigating officer and on the following condition; i. He shall appear before the investigating officer as and when called for. In the event of violating the bail condition, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court. Sd/- ASHOK MENON JUDGE SPK

Same Court & Year Kerala · 2020 Same Parties Edward Daniel vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon