B.A. No. 2555 of 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
BAIL APPL. NO. 2555 OF 2022
PETITIONERS/ACCUSED PERSONS:
1 SARATH SASI, AGED 26 YEARS,
SHYAM NIVAS, AMBALAPUZHA, ALAPPUZHA DISTRICT, PIN
- 688561
2 SASIKUMAR T.K, AGED 47 YEARS,
THURATHEZHATHU HOUSE, KAKKERI VALAVU,
THALIKULAM PO, THRISSUR DISTRICT, PIN - 680569
3 SOBHA SASI, AGED 36 YEARS,
THURATHEZHATHU HOUSE, KAKKERI VALAVU,
THALIKULAM PO, THRISSUR DISTRICT, PIN - 680569
BY ADVS.
O.D.SIVADAS
S.SUNIL NARAYANAN
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, AMBALAPUZHA POLICE
STATION, AMBALAPUZHA, ALAPPUZHA DISTRICT, PIN -
688561
OTHER PRESENT:
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 2555 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 2555 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.994 of 2021 of Ambalappuzha Police Station, registered alleging commission of offences punishable under Sections 420 r/w 34 of IPC.
3. The prosecution allegation is that the petitioners offered a job abroad and obtained amounts from the defacto complainant and his elder brother and thereby defrauded them to the tune of Rs.5 lakhs. It is seen that an interim bail was granted by this Court to the petitioners as per order dated 4.5.2022. Petitioners submit that they have comply with the directions contained in the order.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor upon instructions submitted that the petitioners have no other B.A. No. 2555 of 2022 3 criminal antecedents.
6. Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioners, and taking into consideration the petitioners are already granted interim bail, the bail application is allowed with the following directions. The interim bail granted as per order dated 4.5.2022 is made absolute, but the petitioners have to abide by the following conditions also:
(i) Petitioners shall appear before the investigating officer in Crime No.994 of 2021 of Ambalappuzha Police Station as and when summoned to do so;
(ii) Petitioners shall co-operate with the investigation and make themselves available for interrogation whenever required;
(iii) Petitioners shall not tamper with any evidence;
(iv) 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 B.A. No. 2555 of 2022 4 from disclosing such facts to the court or to any police officer;
(v) 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.994/2021 of Ambalappuzha Police Station, may file an application before this 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 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