IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
BAIL APPL. NO. 9206 OF 2022
Crime No. 630/2022 of Aroor Police Station, Alappuzha District
PETITIONER/ACCUSED:
NAFID A, AGED 32 YEARS
/O. ABDUL VAHAB K.A.,BAITHU NAVAR, NADUVATH NAGAR
P.O.,AROOKUTTY,AROOKUTTY CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688526.
BY ADVS.
P.ABANI
S.KRISHNALAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
OTHER PRESENT:
SR PP SMT.SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 9206 OF 2022
2
VIJU ABRAHAM, J
BA No.9206 of 2022
rd
Dated this the 23 day of December, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No. 630/2022 of Aroor Police Station, Alappuzha District for offence punishable under Section 420 of IPC.
3. The prosecution allegation is that the accused received a total amount of Rs.1,49,000/-(Rupees One Lakhs Forty Nine Thousand Only) from the defacto complainant for distributing 400 cement bags in lower price but petitioner had given only 80 cements bags for an amount of Rs.30,000/- and not distributed the balance cement for Rs.1,19,000/-/-(Rupees One Lakhs Nineteen Thousand Only) and thus committed the aforesaid offence.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and his BAIL APPL. NO. 9206 OF 2022 3 custodial interrogation is not required for the purpose of the investigation.
6. The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner is involved in other case of a similar nature. The learned counsel for the petitioner submitted that the said case has already been settled.
7. 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 of the opinion that custodial interrogation of the petitioner may not be required for the purpose of the investigation and only a limited custody be granted for the same, I am inclined to grant anticipatory bail to the petitioner.
In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No. 630/2022 of Aroor Police Station, Alappuzha District, on 29.12.2022 at 11 am and make himself available for interrogation. The petitioner shall co-operate with the investigation. It is directed that in the event of arrest of the petitioner in Crime No. 630/2022 of Aroor Police Station, Alappuzha District, he shall be produced before BAIL APPL. NO. 9206 OF 2022 4 the Jurisdictional Court on the same day 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. 630/2022 of Aroor Police Station, Alappuzha District as and when required for the investigation,
(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 630/2022 of Aroor Police Station, Alappuzha District,
(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. 630/2022 of Aroor Police BAIL APPL. NO. 9206 OF 2022 5 Station, Alappuzha District 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