Baburaj vs. State Of Kerala

Bail Appl./3213/2022HC KeralaGSTCNR KLHC01028784202219 January 2023Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM7 pages

AI SummaryAllowed

Held

The High Court granted anticipatory bail, concluding that custodial interrogation was not required for the investigation. It imposed conditions, including executing a bond for Rs. 50,000 with two solvent sureties, appearing before the investigating officer, and cooperating with the investigation.

Facts

The petitioner sought anticipatory bail in a case alleging cheating (Section 420 IPC) for leasing a property and collecting Rs. 40 lakhs. The defacto complainant claimed the building was on government land, preventing him from obtaining GST registration and operating the business. The petitioner contended it was a civil dispute and had already obtained an injunction in a related suit.

Key Issues

The key issue was whether the petitioner was entitled to anticipatory bail for the alleged offence under Section 420 IPC, considering the nature of the allegations and the necessity of custodial interrogation.

Sections Cited

None

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 19TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944 BAIL APPL. NO. 3213 OF 2022 CRIME NO.1374/2021 OF Adimaly Police Station, Idukki PETITIONER/ACCUSED: BABURAJ AGED 51 YEARS WHITE MIST MOUNTAIN CLUB, KAMPLINE LANE,ANAVERETTY,IDUKKI, PIN - 685561 BY ADVS. S.RAJEEV M.S.ANEER SARATH K.P. V.VINAY RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER ADIMALY POLICE STATION, (CRIME NO1374/2021 OF ADIMALY POLICE STATION), IDUKKI DISTRICT, PIN - 685561 3 ARUNKUMAR S/O.SOMAN, VIRIPPIL HOUSE, THALAKODE.P.O., PUTHENCRUZ, NERIAMANGALAM IS IMPLEADED AS IMPLEADED AS RESPONDENT AS PER ORDER DATED 19.1.2023 IN CRL.M.A.NO.1 OF 2022 BY ADVS. PUBLIC PROSECUTOR SRI.M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.3213 of 2022 2 VIJU ABRAHAM, J. ------------------- B.A. No.3213 of 2022 ----------------------------- Dated this the 19th day of January, 2023

Application for anticipatory bail.

Pet

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.