The Kerala High Court on Wedensday directed the police not to arrest Bollywood actor Sunny Leone, her husband Daniel Weber, and Sunil Rajani, chief executive officer of their production house, in a cheating case registered in connection with stage shows that failed to come off.
Justice Ashok Menon while considering the anticipatory bail petition of the actor and others ordered that they should not be arrested until a notice for their appearance under Section 41 A of the Code of Criminal Procedure is served on them.
The court also issued notice to the de facto complainant and Shiyas Kunhumuhammed of Perumbavoor, the coordinator of the shows.
The criminal case has been registered against the petitioners under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code (IPC) on a complaint filed by Mr. Kunhumuhammed.
The case
The complainant alleged that the actor and other accused had entered into a contract with him for performing stage shows in Kerala and abroad and had allegedly received ₹39 lakh.
Ms. Leone and others had committed a breach of contract by not performing the stage show and failed to return the money. Mr. Weber and Mr. Rajani arraigned as accused in the complaint.
The actor and other petitioners alleged in their petition that Mr. Kunhumuhammed was trying to get the petitioners arrested and detained in police custody. It was the complainant who had tried to exploit and cheat the petitioners by compelling them to participate in shows proposed by him without making any payments to them as per the agreement.
In fact, the Crime Branch which is investigating the crime has no power to investigate the case as the dispute was of civil nature, they contended.
