Kerala High Court
Satheesh Chandran vs State Of Kerala on 24 September, 2024
BAIL APPL. NO. 6958 OF 2024
1
2024:KER:70832
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
BAIL APPL. NO. 6958 OF 2024
CRIME NO.593/2023 OF Kodakara Police Station, Thrissur
JUDGMENT DATED 29.02.2024 IN Bail Appl. NO.860 OF 2024 OF
HIGH COURT OF KERALA
PETITIONER/ACCUSED NO. 2:
SATHEESH CHANDRAN,
AGED 67 YEARS
S/O. K. SUBRAHMANYA PILLAI, FLAT NO. 401/2, EASLAND
ENCLAVE, ELAMKULAM, ERNAKULAM DISTRICT, PIN - 679340
BY ADVS.
K.MOHAMMED RAFEEQ
BIBIN MATHEW
P.M.MATHEW
AMARNATH R LAL
VISHNUMAYA ANANDAN
SONYMON ANTONY
AJMAL V. KARIM
SANALDEV E.P.
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
KODAKARA POLICE STATION, THRISSUR DISTRICT, PIN -
680684
3 DEFACTO COMPLAINANT,
IS IMPLEADED AS R3 AS PER ORDER DATED 30-8-24 IN CRL MA
1 /24
THIS BAIL APPLICATION HAVING COME UP FOR HEARING ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6958 OF 2024
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SOPHY THOMAS, J.
=====================
BA No. 6958 of 2024
========================
ORDER
Dated this the 24th day of September, 2024
This is an application for anticipatory bail under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No. 593 of 2023 of
Kotakara police station, Thrissur, registered under Section 420 read with
Section 34 of IPC.
2. The prosecution allegation is that, the petitioner along with accused
Nos. 1 and 3, offering a job for the defacto complainant in KMRL's Kochi
Metro, received Rs.9 lakh from her in instalments, but the job offered was
not given and the amount also was not returned. Thus they cheated her.
3. Heard learned counsel for the petitioner and learned Public
Prosecutor.
4. Learned Public Prosecutor opposed the bail application stating that
the petitioner is having criminal antecedents of similar nature and if he is
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released on anticipatory bail, there is every chance of repeating similar
offences by him.
5. Learned counsel for the petitioner would submit that the petitioner
had no transactions with the de facto complainant, and he had not even
seen her. He had never given a cheque to the de facto complainant, and in
fact there were transactions between himself, and the 3rd accused for
which he had given a blank cheque, and pro-note to the 3rd accused, and it
might have been misused in the name of the de facto complainant. He is
ready to abide by any conditions imposed by this Court.
6. The allegations are with respect to a job scam in Kochi Metro, and
the accused persons with their intention to cheat the de facto complainant
received Rs.9 lakh from her. The first accused had filed B.A.No. 860 of
2024 before this Court stating that he was also cheated by accused Nos. 2
and 3 by offering a job in Kochi Metro. He had admitted that Rs.9 lakh
was transferred into his account by the de facto complainant which was
subsequently transferred by him into the account of the 2nd accused. He
had a case that the 2nd accused had given a cheque for Rs.7 lakh to the de
facto complainant so as to repay the amount received from her. 1st accused
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was released on anticipatory bail based on the grounds urged by him
which were found acceptable prima facie.
7. Learned Public Prosecutor produced a report from the Inspector of
Police, Kotakara police station along with the statement of the de facto
complainant which shows that the 2nd accused who is the petitioner herein
had given a cheque to the de facto complainant, but it was bounced.
Moreover, the petitioner is having several cases of similar nature
registered before various police stations. Crime No. 1192 of 2023 under
Section 406 and 420 IPC is pending against him before Kottayam East
police station. Crime No. 398 of 203 under Sections 468 and 420 IPC is
pending against him in Kudiyanmala police station. Crime Nos. 1455 of
2023 and 1458 of 2023 are pending against him before Ernakulam South
police station. ST No. 668 of 2023 is pending against him before Chief
Judicial Magistrate's Court, Kottayam.
8. Considering the fact that the petitioner cheated several persons by
receiving amount offering job and several crimes are pending against him
in various police stations, this Court is not inclined to release him on
anticipatory bail.
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9. Learned counsel for the petitioner would submit that the petitioner
is ready to surrender before the Investigating Officer and to co-operate
with the investigation.
10. In view of the said submission, the petitioner is directed to
surrender before the Investigating Officer on or before 08.10.2024 and
subject himself for interrogation. The Investigating Officer shall collect
all materials necessary for the purpose of investigation, from him.
11. In the event of arrest, he shall be produced before the
jurisdictional magistrate on the date of arrest itself. If an application for
regular bail is preferred by him, the same shall be considered and
disposed of by the learned Magistrate on merit, on the date of application
itself as far as possible.
With these directions, the bail application is disposed of.
Sd/-
SOPHY THOMAS
JUDGE
RMV
BAIL APPL. NO. 6958 OF 2024
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APPENDIX OF BAIL APPL. 6958/2024
PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 593/2023 OF KODAKARA POLICE STATION
Annexure 2 ORDER DATED 29-02-2024 IN BAIL APPL.860/2024
ON HIGH COURT
Annexure-3 HENCE THIS HONOURABLE COURT MAY BE PLEASED TO
ACCEPT THE TRUE COPY OF THE MEDICAL
CERTIFICATE OF THE APPLICANT/PETITIONER
