The Hindu : Kerala / Kochi News : Attempt for anticipatory bail futile

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Wednesday, May 14, 2008
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Kerala - Kochi

Attempt for anticipatory bail futile

Special Correspondent

Santhosh Madhavan was arrested before his bail petition was taken up

Counsel for Santosh pleads for interim order
Director-General of Prosecution justifies arrest

Kochi: The Kerala High Court, on Tuesday, dismissed an anticipatory bail petition filed by Santhosh Madhavan, against whom the Interpol has issued a lookout notice, in a cheating case.

Justice V.K. Mohanan dismissed the petition as he was arrested on Tuesday morning.

When the petition was taken up for hearing, the Director-General of Prosecution (DGP) submitted that Santhosh was arrested at 9.30 a.m.

However, counsel for Santhosh said the court could still grant an interim order giving him anticipatory bail, as the arrest was made after he moved the court. At the time of filing the petition, he was not arrested. As of now, he had not been produced before any magistrate court.

Counsel, therefore, pleaded that the police be directed to produce him before the magistrate court and that the court be directed to consider his bail application forthwith.

Counsel said Santhosh was not a spiritual leader or swami but a professional astrologist. He had never claimed to be a spiritual leader. He used to go to the UAE on visiting visas because non-resident Indians there had deep faith in astrology. The case against him was that he had cheated Sarafin Edwin of four lakh dirhams. The police registered the case on a complaint lodged via e-mail by her.

Counsel contended that the complaint did not really make out an offence of cheating. In fact, the alleged offence took place in 2002 and she had lodged the complaint five years later. Nor had she lodged a complaint with the Dubai police.

Counsel contended that Interpol had not issued any warrant to the State police for arresting him.

The Director-General of Prosecution said the submission of counsel had no legal basis whatsoever. Arrest was “part and parcel” of the investigation. The police could arrest an accused even if he had filed an anticipatory bail application. Even when an anticipatory bail petition was pending, the police could arrest an accused unless the court interdicted the police from doing so. The police were justified in arresting him.

Counsel of the Central Bureau of Investigation submitted that the investigating agency had not registered any case against Santhosh.

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