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. 5216 OF 2022
(CRIME NO.644/2022 OF KODUNGALLOOR POLICE STATION)
PETITIONER/ACCUSED:
ANIL K.NAIR, AGED 45 YEARS
S/O.NARAYANAN NAIR KOCHERY HOUSE, THURUTHUSSERY KARA,
NEDUMBASSERY VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683572.
BY ADVS.
SRUTHYMON P.R
PAUL VARGHESE SRAMBICAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP.BY KODUNGALLOOR POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
PP SMT.SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5216 OF 2022
2
VIJU ABRAHAM, J
BA No. 5216. of 2022
th
Dated this the 10 day of August, 2022
O R D E R
This is an application for anticipatory bail.
nd
2. The petitioner is the 2 accused in Crime No. 644/2022 of the Kodungalloor Police Station, alleging commission of offences punishable Under Sections 406 and 420 IPC.
3 The prosecution allegation in brief is that on st 27.3.2022, the 1 accused of the crime approached the defacto complainant and hired his Maruthi Swift Car bearing Reg. No. KL-46- M40 for his use for some time and when the defacto st complainant compelled the 1 accused to return the car, it st was told by the 1 accused that the said car has been nd entrusted with the 2 accused for his use and will be returned after some times. Even after repeated demands for the return of the said car to the defacto complainant and on enquiry it is revealed to the complainant that the petitioner is st collusion with the 1 accused has pledged the card and BAIL APPL. NO. 5216 OF 2022 3 bagged money from others and thereby the accused committed the aforesaid offences.
4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime. The case of the petitioner is that the vehicle was taken on rent from the first accused and he was usually paying the rent to the first accused and thereafter as directed by the first accused, the rent was paid to the defacto complainant as is evident from Annexure-2 and Annexure-3. It is further submitted that the petitioner had surrendered the vehicle before the police.
5. The learned Public Prosecutor opposed the application for bail mainly contending that it is without the knowledge of the defacto complainant that the vehicle has been pledged, but further submitted that the petitioner has no other criminal antecedents.
6. Considering the facts and circumstances of the case and the nature of the allegations and taking into consideration that the petitioner has no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioner. In the BAIL APPL. NO. 5216 OF 2022 4 result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No. Crime No. 644/22 of the Kodungalloor Police Station on 19.08.2022 at 11 am for interrogation. It is directed that in the event of arrest of the petitioner in Crime No. 644/22 of the Kodungalloor Police Station, he shall be produced before the Jurisdictional Magistrate's Court and he shall be released on bail subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court,
(ii) The petitioner shall appear before the investigating officer in Crime No. 644/22 of the Kodungalloor Police Station as and when called for,
(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or BAIL APPL. NO. 5216 OF 2022 5 intimidate any witness in Crime No. 644/22 of the Kodungalloor Police Station
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 644/22 of the Kodungalloor Police Station may file an application before the jurisdictional Court, for cancellation of bail.
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 the petitioner even when the petitioner is 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 R.AV