Kerala High Court Grants Interim Pre-Arrest Bail To Congress MP K Sudhakaran In Cheating Case, Asks Him To Appear Before IO

The Kerala High Court on Wednesday granted interim anticipatory bail to MP and President of Kerala Pradesh Congress Committee (KPCC), K. Sudhakaran, in the cheating case involving the controversial antique dealer Monson Mavunkal.

The Single Judge Bench of Justice Ziyad Rahman A.A. further directed the Congress leader to appear before the Investigation Officer in compliance with the 41A notice issued to him.

"After considering the arguments placed by the learned counsel appearing for the petitioner, and the DGP, I am inclined to grant an interim order, particularly taking note of the fact that the petitioner has been issued with a notice under Section 41A Cr.P.C. directing him to appear before the Investigating Officer on June 23, 2023. Accordingly it is directed that petitioner shall appear before the Investigating Officer in compliance with the notice under Section 41A Cr.P.C., and in the event of arrest, he shall be released on bail on execution of a bond for Rs. 50,000/- with two solvent sureties..," it was observed. 

The Court directed Sudhakaran to cooperate with the investigation and not attempt to intimidate or influence the witnesses.

The cheating case against Mavunkal was registered on September 23, 2021, on the complaint of certain persons alleging cheating of Rs. 10 Crores on the false promise to return the amount. It was also alleged that the accused had deceived the complainants by showing them false statements on his account.

The Crime Branch, on June 10, 2023, issued a notice to Sudhakaran stating that they had received certain 'credible information' and had 'reasonable suspicion' regarding his involvement in the said crime. Sudhakaran was thereby requested to appear before the Deputy Superintendent of Police (2nd respondent) on June 14, 2023. However, the petitioner avers that he had certain pre-arranged priorities and consultations due to which he was unable to do so. He claims he had informed the authority of the same vide a letter dated June 13, 2023, and sought another date to appear. Accordingly, he has been instructed to appear on June 23, 2023.

In his plea Sudhakaran said there is no allegation of his complicity in the FIR. He averred that he had not committed any forgery, nor had he aided anyone to commit the same. Additionally, he also submitted that he had not fraudulently or dishonestly induced anyone to deliver any property with an intention to cause damage.

Sudhakaran has also stated that the notice has been issued to him after a lapse of 19 months after the registration of the crime, and that it prima facie appears that the notice is for 'extraneous reasons and political compulsions'.

During the hearing today, Sudhakaran's counsel drew the attention of the Court to recent media reports that revealed that Mavunkal had been forced to name Sudhakaran in a minor's sexual assault case in which Mavunkal was recently sentenced to life imprisonment. He also said police threatened him to say that he gave Rs 25 lakhs to Sudhakaran.

"So this is the state of affairs," Sudhakaran's counsel submitted. It was further submitted that Sudhakaran is willing to cooperate with the present investigation.

On behalf of the State however, it was submitted that although it was true that Sudhakaran's name had not been mentioned in the FIR, however in the complaint alleging cheating of Rs. 10 Crores, Sudhakaran's name had been specifically mentioned. It was submitted that a notice under Section 41A had been issued which indicated that the investigating officers did not wish to arrest Sudhakaran at present. "Whether he is to be arrested or not is a matter to be decided by the Investigation Officer subsequently. Let him cooperate with the investigation," the Counsel submitted. 

It is on consideration of these arguments that the Court passed the above Order. It also clarified that this interim order shall be in force for a period of two weeks. 

The plea has been moved through Advocates Mathew A. Kuzhalnadan, Kuriakose Varghese, V. Shyamohan, Sradhaxna Mudrika, and George J. Nalappat.

Case Title: K. Sudhakaran v. State of Kerala & Anr.

Click Here To Read/Download The Order