GRANT OF INTERIM ANTICIPATORY BAIL, WITHOUT LOOKING INTO THE MERIT OF THE CASE, BY ITSELF IS NOT A REASON TO GRANT ANTICIPATORY BAIL ON MERITS:KERALA HIGH COURT
The High Court of Kerala passed a judgement on 10 February, 2023 stated that grant of interim anticipatory bail, without looking into the merit of the case, by itself is not a reason to grant anticipatory bail on merits.. It was stated in the case of Sarath.S vs State Of Kerala(B.A.No.8542/2022) which was passed by the single judge bench comprising of JUSTICE A. BADHARUDEEN
FACTS OF THE CASE:
It is alleged by the prosecution that accused 1 to 3 after sharing common intention cheated and defrauded the defacto complainant by B.A.No.8464/2022 & offering job of a Salesman to the son of the defacto complainant in KELTRON. The specific case is that the 3 rd accused, who is the Secretary of CITU [a trade union under the auspicious of CPI(M), introduced the 2nd accused as a person employed in the H.R Department of KELTRON and accordingly accused Nos.1 to 3 agreed to arrange an employment to the son of the defacto complainant as Sales Manager in KELTRON in the quota provided to CITU in KELTRON. Thereafter, the 2 nd accused received Rs.32,92,000/- and the 3rd accused received Rs.15,80,000/- each from the defacto complainant to satisfy the trade union leaders and labourers. But the job offered was not provided and money also was not given back. Thus the prosecution alleges commission of offences punishable under Sections 406, 420 r/w 34 of IPC.
JUDGEMENT OF THE CASE
The anticipatory bail applications at the instance of the petitioners stand dismissed. The interim order of bail granted by this Court stands vacated and the police is at liberty to arrest and proceed with investigation without fail, ignoring the status of the petitioners as leaders/men of the ruling party.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.