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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
M.V.Justin, S/o.Varghese – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
| Table of Content |
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| 1. rejection of anticipatory bail in serious economic offences where conditions have not changed. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
ORDER :
A. BADHARUDEEN, J.
This is the 2nd application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sasnhita, 2023, by the petitioners, who are accused Nos.24 to 26 in Crime No.252/2021 of Crime Branch Economic Offences Wing, Thrissur.
2. Heard the learned senior counsel for the petitioners as well as the learned Public Prosecutor.
3. Here, the prosecution allegation is that, accused Nos.1 to 31 have committed offences punishable under Sections 120B , 406, 409, 465, 468, 471 and 420 r/w Section 34 of the Indian Penal Code and under Sections 13(1)(c) and (d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 and Section 13(1)(a) r/w Section 13(2) of the Prevention of Corruption (Amendment) Act, 2018.
4. The prosecution case is that the accused herein hatched conspiracy and as an outcome of the same, they have obtained membership bearing No.18637 in the name of the complainant and thereafter, by using forged documents by providing the property of the 1st accused, a sum of Rs. 25 lakh was grante
Anticipatory bail in cases of grave socioeconomic offenses, such as large-scale financial misappropriation, is not permissible when custodial interrogation is essential for investigation and no subst....
Anticipatory bail is denied in cases of grave economic offences involving large-scale misappropriation of public funds and forgery, especially when prior bail applications were dismissed by the High ....
Bail applications in subordinate courts should be decided within one week and in High Courts within two-three weeks.
Anticipatory bail requires proof of exceptional circumstances; mere violation of departmental norms does not suffice to overturn strong evidence of corruption and misappropriation.
Anticipatory bail in serious financial corruption cases should be denied when custodial interrogation is essential to unearth the conspiracy, recover public funds, and evaluate the accused's specific....
Anticipatory bail cannot be granted when there is no change in circumstances following a previous dismissal of the application in cases of serious economic fraud.
Anticipatory bail in corruption cases requires exceptional circumstances; mere involvement in financial fraud without compelling evidence does not justify bail.
The court denied anticipatory bail, highlighting the serious nature of allegations and ongoing investigations, emphasizing potential interference with evidence and witness tampering.
Anticipatory bail denied due to serious allegations of large-scale financial fraud, necessitating custodial interrogation to prevent evidence tampering and uphold public interest.
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