High CourtsSingle Bench(2023) 02 KL CK 0081

Niyas vs State Of Kerala

High Court Of Kerala · Decided on 10 February 2023

HON’BLE JUDGES
V.G.Arun, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 1108 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 271 words

V.G.Arun, J

1.

Petitioner is the sole accused in Crime No. 28 of 2023 registered by the Town West Police Station, Thrissur registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. According to the prosecution, the petitioner had deceived the de facto complainant into parting with Rs.2,75,000/-by making her believe that he would invest the money in a Jewellery to be started by him at Thrissur and pay back double the amount from the profit derived. Thereafter, the petitioner failed to pay back the amount to the de facto complainant despite repeated demands. Pursuant to registration of the crime, the petitioner’s formal arrest was recorded on 14.01.2023.

2.Learned counsel for the petitioner contended that no offence under Sections 406 and 420 is made out against the petitioner and even otherwise no purpose will be served by the petitioner continuing in custody even after one month of his arrest.

3.Learned Public Prosecutor submitted that the petitioner is involved in three other similar crimes and the final report in this case was submitted on 31.1.2023.

4.Learned counsel for the petitioner pointed out that the petitioner was granted bail in the other cases.

5.Taking into account the fact that the petitioner has been in custody from 14.01.2023 onwards and the Police, after completing the investigation, has filed final report, I am inclined to allow the bail application.

In the result the bail application is allowed. The petitioner shall be enlarged on bail on his executing a bond for Rs.25,000/-(Rupees Twenty Five Thousand only) with two solvent sureties for the like amount, to the satisfaction of the jurisdictional court.