IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
BAIL APPL. NO. 4956 OF 2022
CRIME NO.487/2022 OF PALGHAT TOWN NORTH POLICE STATION, PALAKKAD
DISTRICT
PETITIONER/ACCUSED NOS.1 TO 6:
1 V.K. SHAJI, AGED 52 YEARS
S/O. KOCHU KUNJU VAIDYAR,
"LUMBINI",THAREKKADU, PALAKKAD, PIN - 678001
2 DEEPA SHAJI, AGED 48 YEARS
W/O. V.K. SHAJI,"LUMBINI",
THAREKKADU, PALAKKAD, PIN - 678001
3 KIRAN,AGED 45 YEARS
S/O. LATE N. KUTTAN,
"LUMBINI",THAREKKADU, PALAKKAD, PIN - 678001
4 SOHIL, AGED 35 YEARS
S/O. KUTTAN, THULASI APARTMENT,
SEKHARIPURAM, PALAKKAD, PIN - 678010
5 AKSHAY MANOHAR,AGED 21 YEARS
S/O. MANOHARAN, MEENUTHUCHIRAYIL,
PARIYIKARA, MAVELIKARA P.O.,
ALAPPUZHA, PIN - 690101
6 SUJATHA, AGED 20 YEARS
D/O. LATE PONNANAN,
VATSAYAM NIVAS, AMBATTUPARAMBU,
THATTAMANGALAM, PIN - 678102
BY ADVS.
Martin Jose P
P.PRIJITH(K/233/2005)
THOMAS P.KURUVILLA(K/420-B/2005)
K.MUHAMMED SALAHUDHEEN(K/00129A/1990)
ANNA LINDA V.J(K/1201/2020)
R.GITHESH(K/630/2002)
B.A. No. 4956 of 2022 2
HARIKRISHNAN S.(K/497/2019)
S.SREEKUMAR (SR.)(S-571)
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR SMT.S.SEETHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 4956 of 2022 3
VIJU ABRAHAM, J.
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B.A. No. 4956 of 2022
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Dated this the 10th day of August, 2022
ORDER
Application for anticipatory bail.
2. The petitioners are accused Nos. 1 to 6 in Crime No. 487/2022 of Palghat Town North Police Station, Palakkad District, registered alleging commission of the offences under Sections 406, 420 and 34 of the IPC.
3. The prosecution allegation in brief is that the 1st applicant who is the patron of a Charitable Society namely "Green Society", formed with the objective of upliftment of Dalit Community. The other applicants are the members of the society and it is alleged that the applicants took money from some members of the society and misappropriated it and thereby cheated them.
4. The petitioners submit that they have been falsely implicated in the above said crime and the B.A. No. 4956 of 2022 4 present case is based on a private complaint preferred by the defacto complainant. Petitioners would contend that as per the bylaws of the Society no member in his individual capacity can use the money accounted to the society. The money received is put to use based on the consensus of all the members and for the said reason the allegation of misappropriation is false and baseless. The allegation that the applicants took money from the complainant and misappropriated the same is also without any basis. Learned senior counsel for the petitioners submitted that there are no serious allegations raised against the other petitioners except the 1st petitioner.
5. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
6. The learned Public Prosecutor opposed the application for bail mainly contending that an amount to the tune of Rs.1 Crore was received from the defacto complainant to the society promising that he will get monthly return of Rs.10 lakhs as B.A. No. 4956 of 2022 5 profit. Learned Public Prosecutor further submitted that the society is not registered. It is also submitted that the petitioners have no other criminal antecedents.
7. Having regard to the facts and circumstances of the case, and the nature of the allegations, I am inclined to grant bail to the petitioners. The above bail application is allowed with the following directions. The petitioners shall surrender before the investigating officer on 19.08.2022 and co- operate with the investigation. In the event of arrest of the petitioners in Crime No. 487/2022 of Palghat Town North Police Station, they shall be produced before the jurisdictional Magistrate and be released on bail on the following conditions:
(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the investigating officer in Crime No.487/2022 of Palghat Town North Police Station as B.A. No. 4956 of 2022 6 and when summoned to do so;
(iii) Petitioners shall co-operate with the investigation and make themselves available for interrogation whenever so required;
(iv) Petitioners shall not tamper with any evidence;
(v) Petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(vi) The petitioners shall surrender their passports before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(vii) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.487/2022 of Palghat Town North Police Station, may file an application before the jurisdictional court for cancellation of bail.
B.A. No. 4956 of 2022 7
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM,JUDGE pm