Kerala High Court Grants Interim Protection From Arrest To Cricketer S. Sreesanth In Cheating Case

The Kerala High Court on Tuesday passed an order granting interim protection from arrest to cricketer S. Sreesanth in a cheating case. 

A single bench of Justice Mohammed Nias C.P. passed the interim order upon being told by the public prosecutor that the matter had been mutually settled between the parties. The Bench subsequently posted the case to a later date in order to implead the de facto complainant in the matter, as well. 

"The petitioner is directed to implead the defacing complainant as the public prosecutor submitted that the matter is settled. File an application at the earliest. Post on December 8, 2023. Interim order granted," the Court said. 

The Court in this case was hearing an anticipatory bail plea by the cricketer, who had been implicated in the matter, which originated in 2019. 

The prosecution allegation was that two other accused persons had made the complainant part with a certain amount of money, for the construction of a villa project. 

Subsequently, the complainant was informed that a Cricket Academy would be started in its place by the first two accused persons, under the guidance of the petitioner (Sreesanth), who had been named as the third accused in the case. It was alleged that the first accused had also promised the complainant of partnership in the Academy.

The petitioner submitted that although he had been contacted by the first accused with a proposal to start the academy, and had given his input in the matter, there was no financial transaction between him and the two other accused.

The petitioner stated that he had given his input in the matter pro bono, being a cricket enthusiast and that he had been unaware of his name being used for any purpose at any point in time. He also added that the Academy was never started. He argued that he was innocent of the charges levelled against him, and suspected conspiracy and foul play behind the allegations.

"The petitioner out of his interest and passion for the game, gave tips and consultations to the 1st accused when he approached him with the proposal to start a cricketing academy that too in Kollur a holy land for Hindus being the Home ground of Lordess Mookambika Devi. His naivety never made him realise the trouble that was being portrayed by the 1st accused," Sreesanth submitted before the Court.

Sreesanth argued that the allegations against him had arisen at a time when he had been playing and performing well in the Legends League Cricket, and is also being considered in a few other Professional Cricket League auctions as well. He submitted that although the amounts were alleged to have been transferred in 2019, the complaint had been filed belatedly.

"The petitioner is totally innocent of the allegations and defamatory allegations are levelled against the petitioner in order arm-twist and pull-out resources from him in the name of a forced settlement. It is submitted that the petitioner is totally innocent of the charges and the allegations are not only untrue but also defamatory as well. It is only intended to malign the petitioner and his family. No purpose would be served by the custody of the petitioner herein and the arrest of the Petitioner at this time would lead to irreparable harm and damage to him," the plea stated.

The matter has been posted for further consideration on December 8, 2023. 

The plea has been moved through Advocates Renjith B. Marar, Lakshmi N. Kaimal, P. Rajkumar, Keshavraj Nair, Arun Poomulli, Preetha S. Chandran, Abhijith Sreekumar, Anand Remesh, C.R. Rekha, and Abhiram S.

Case Title: S. Sreesanth v. State of Kerala

Case Number: Bail Appl. 10582/ 2023