Kerala High Court
Binu vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA,
1945
BAIL APPL. NO. 11563 OF 2023
CRIME NO.1090/2023 OF Kulathupuzha Police Station, Kollam
PETITIONER/2ND ACCUSED:
SUMITHA,
AGED 36 YEARS
C/O.SUDARSANAN, SUMITHA BHAVAN, MARTHANDAMKARA
P.O., PATHINONNAMMILE, KULATHOOPUZHA, PIN -
691312
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
KUATHUPUZHA POLICE STATION, KULATHUPUZHA,
KOLLAM, PIN - 691310
Sri.Prasanth M.P. - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..307/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.11563/23
& 307/24
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
BAIL APPL. NO. 307 OF 2024
CRIME NO.1090/2023 OF Kulathupuzha Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CRMC 2684/2023 OF DISTRICT
COURT & SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED NO.3:
BINU,
AGED 48 YEARS
S/O.ANANDAN, MANI VILASAM, EWS COLONY,
KULATHUPUZHA, P.O., KOLLAM, PIN - 691310
BY ADVS.
AJAYA KUMAR. G
FATHIMA MAJEED
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
KULATHUPUZHA POLICE STATION, KULATHUPUZHA P.O.,
KOLLAM, PIN - 691310
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH Bail Appl..11563/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA Nos.11563/23
& 307/24
..3..
SOPHY THOMAS, J
=========================
Bail.Appl.Nos.11563/2023
and 307/2024
==========================
Dated this the 15th day of February, 2024
ORDER
These are applications for anticipatory bail under Section
438 of CrPC filed by accused nos.2 and 3 in Crime
No.1090/2023 of Kulathupuzha Police Station, Kollam,
registered under Sections 406, 420 and 34 of IPC.
2. The prosecution allegation is that, the petitioners,
along with the 1st accused, cheated the de-facto complainant
by receiving Rs.30,00,000/- from her, making her to believe
that the 1st accused will give half of the loan amount, which will
be sanctioned in her name from SBI.
3. Heard learned counsel for the petitioners and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application, stating that the petitioners are having criminal
antecedents of cheating, and Crime Nos.1086/2023 and
14/2024 are also registered against them.
& 307/24
..4..
5. Considering the fact that, the petitioners along with
other accused cheated several persons and received huge
amounts by making false representations, their presence also
is needed to have an effective investigation, probing into the
transactions involved in the crime, and the modus operandi
adopted by the petitioners and their co-accused. So this Court
in not inclined to release the petitioners on pre-arrest bail.
The petitioners are directed to surrender before the
Investigating Officer on or before 22.02.2024 and subject
themselves for interrogation. On arrest, the Arresting Officer
has to produce them before the jurisdictional court on the date
of arrest itself. If they file applications for regular bail, the
jurisdictional Court has to consider it on merit and pass
appropriate orders, on the date of application itself, as far as
possible.
With these directions, above bail applications stand
dismissed.
Sd/-
SOPHY THOMAS
JUDGE
ACR
