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Kerala High Court grants anticipatory bail to State Congress chief K Sudhakaran in 2-year-old cheating case

The High Court of Kerala on Wednesday granted anticipatory bail to President of Kerala Pradesh Congress Committee (KPCC) K. Sudhakaran, who was booked for his alleged involvement in a cheating case of 2021 involving notorious fake antique dealer Monson Mavunkal.

The Crime Branch of Kerala Police had issued notice to the Congress leader under Section 41 A of the Code of Criminal Procedure (CrPC) to appear before it on June 23 for interrogation in the case.

The Single-Judge Bench of Justice Ziyad Rahman AA passed an interim order valid for two weeks, directing Sudhakaran to appear before the Crime Branch on June 23.

It ruled that in the event of arrest, Sudhakaran shall be released on bail on execution of a bond of Rs 50,000 to the satisfaction of the investigation officer. 

The High Court directed the Congress leader to cooperate with the investigation officer and not make any attempt to intimidate the witnesses. 

Sudhakaran had filed an application in the High Court contending that the First Information Report (FIR) registered by the police in 2021 based on a complaint received in 2018, did not mention him.

The petitioner said the offences alleged against him were punishable under Sections 471 (fraudulently using a document as genuine while believing it is forged), 468 (forgery for the purpose of cheating) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code.

As per the Congress leader, the Crime Branch recently issued notice to him, 19 months after registering the case. He alleged that the issuance of notice to him almost two years later was a plot to drag him into the controversy and tarnish his social image, which he had developed after having served for many years as a public servant.

The petitioner further argued that custodial interrogation was unnecessary as no culpable element was made out against him and also because there was no substance in the allegation. Sudhakaran said that he would not flee from justice and would cooperate with the investigation.

(Case title: K Sudhakaran vs State of Kerala & Anr)

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