High Court Kerala High Court

Sri.Rajan vs State Of Kerala on 14 July, 2010

Kerala High Court
Sri.Rajan vs State Of Kerala on 14 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3772 of 2010()


1. SRI.RAJAN, CHAKKALAYIL VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.S.HARIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :14/07/2010

 O R D E R
                                   K.HEMA, J
                              -----------------------
                           B.A No.3772 OF 2010
                          --------------------------------
                   Dated this the 14th day of July 2010

                                     ORDER

This petition is for anticipatory bail.

2. The alleged offence is under Section 420 r/w 34 of IPC.

According to prosecution, de facto complainant was deceived by

petitioners and she was made to pay Rs.14,00,000/- to them stating

that he intends to start a business and that they assured that she will

be given profit in business which was to be started with the money

advanced. No business was started and money was not repaid.

3. Learned counsel for petitioner submitted that there was some

transaction between de facto complainant and petitioner. But, be could

not repay the money or redeem the gold ornaments which were

pledged. But, an agreement was executed between the parties as

Annexure A2 promising to repay the money in the year 2011 to de

facto complainant. But, in spite of the agreement, a criminal complaint

was filed. De facto complainant had also advanced an amount of

Rs.12,00,000/- to another person and it was through the intervention of

petitioner, that the amount was also paid back to de facto complainant.

4. Petitioner was prepared to explain his innocence to

Investigating Officer and a direction was issued by this court and

accordingly, he reported before the Investigating Officer and he was

questioned by him. At that time, de facto complainant also appeared

B.A No.3772 OF 2010 2

before the Investigating Officer and stated that the matter is settled

and the money was paid and gold was returned.

4. Learned Public Prosecutor submitted that de facto

complainant and petitioner had appeared before the Investigating

Officer and it is reported that the matter was settled between the

parties and that de facto complainant has no grievance against

petitioner. Hence, he has no objection in granting anticipatory bail to

petitioner.

5. On hearing both sides, I am satisfied that anticipatory bail

can be granted on conditions. Hence, the following order is passed.

(1) Petitioner shall, in the event of arrest, be released on

bail on his executing a bond for Rs.25,000/- (Rupees

twenty five thousand only) with two solvent sureties

each for the like sum to the satisfaction of the arresting

officer on the following conditions:

(i) Petitioner shall report before the Investigating

Officer as and when directed and co-

operate with investigation.

(2) This order will be in force only for a period of 15 days

from today. In the mean time, petitioner shall seek

regular bail from the court concerned.

Petition is allowed.

vdv                                              K.HEMA, JUDGE