The Kerala High Court on Tuesday passed an interim order protecting Indian cricketer S Sreesanth from arrest in relation to a cheating case in which he is an accused [S Sreesanth v State of Kerala].
Justice Mohammad Nias CP passed the order after noting the public prosecutor's submission that the matter has been settled between the parties.
He directed Sreesanth's counsel to implead the de facto complainant and posted the case for further hearing on December 8.
"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 High Court ordered.
Sreesanth moved the anticipatory bail application claiming that he has been falsely implicated in the case registered by the Kannur Town Police.
The alleged transaction in which the case is rooted is said to have occurred in 2019 between the complainant and two other persons (co-accused).
The accused were said to have persuaded the complainant to invest in a villa project. Later the co-accused allegedly proposed that a cricketing academy could be set up instead in Kollur near Mookambika temple under the guidance of Sreesanth.
The complainant claimed that the co-accused promised him a partnership in this newly conceived cricket academy. On such assurances, the complainant is said to have transferred money to the first and second accused in 2019.
However, when the plans fell through, the complainant filed a cheating case against the first and second accused as well as Sreesanth.
This prompted Sreesanth to file the anticipatory bail plea.
As per the petition, Sreesanth had no role in the alleged cheating episode. Rather, he had only provided inputs for free when he was asked for advice to start a cricket academy, it was submitted.
He further claimed that he has not had any financial dealings with the complainant or the first and second accused.
The cricketer also submitted that he had no knowledge that his name was being used by the co-accused while making representations to the complainant. This was done without his consent, Sreesanth contended.
“The petitioner (Sreesanth) 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 realize the trouble that was being portrayed by the 1st accused. The petitioner has never had any transaction with the complainant,” his plea stated.
Sreesanth also submitted that he suspects a conspiracy is afoot behind the delayed complaint, given that it was filed at a time when he is going through a positive time in his career.
"In fact the lodging of the complaint is only to harass the petitioner and to ruin his reputation . The petitioner is now playing in the Legends league Cricket and is performing well in the same. The petitioner is also being considered in the few other Professional League Cricket auction as well and he is keeping himself in good cricketing form. It is at this time that the petitioner shockingly and sadly, from news reports came to understand that a crime has been registered against him by the complainant alleging offence of cheating," the petition stated.
Sreesanth was represented by advocates Renjith B Marar, Lakshmi N Kaimal, P Rajkumar, Keshavraj Nair, Arun Poomulli, Preetha S Chandran, Abhijith Sreekumar, Anand Remesh, CR Rekha and Abhiram S.