BharatTaxGST

Harshakumar B vs. State Of Kerala

Bail Appl./7991/2022HC KeralaGSTCNR KLHC01067916202214 October 2022Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM6 pages
For Respondent: PP - SRI. M.C.ASHI
AI SummaryAllowed

Held

The High Court determined that custodial interrogation was not required for the investigation. It granted anticipatory bail to the petitioners, subject to stringent conditions including executing a bond, cooperating with the investigation, and not tampering with evidence.

Facts

The petitioners, accused of cheating and criminal breach of trust (Sections 409, 420 IPC), allegedly took Rs. 24,00,000/- as advance for supplying quarry stones (including GST) but failed to deliver the stones or return the money. They sought anticipatory bail, claiming false implication and that a cheque issued to them by the defacto complainant was dishonoured. They also stated they had filed a suit for the value of supplied stones.

Key Issues

The key legal issue was whether the petitioners were entitled to anticipatory bail for the alleged offences under Sections 409 and 420 r/w 34 of the Indian Penal Code, considering 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 FRIDAY, THE 14TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 BAIL APPL. NO. 7991 OF 2022 PETITIONERS/ACCUSED NOS.1 & 2: 1 HARSHAKUMAR B, AGED 45 YEARS S/O BHARGHAVAN, VIGNESWARA, SEEMAVILA, VENCODE P.O., VATTAPARA, THIRUVANANTHAPURAM DISTRICT, KERALA , PIN - 695028 2 REENA P, AGED 38 YEARS W/O HARSHAKUMAR, VIGNESWARA, SEEMAVILA, VENCODE P.O., VATTAPARA, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695028 BY ADVS. ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. THAREEQ ANVER K. K.SALMA JENNATH MAJID MUHAMMED K. MINU VITTORRIA PAULSON RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT , PIN - 695033 OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 7991 of 2022 2 VIJU ABRAHAM, J. ------------------- B.A. No. 7991 of 2022 ---------------------------------- Dated this the 14th day of October, 2022

Application for anticipatory bail.

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.