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. 3391 OF 2022
CRIME NO.467/2022 OF Town East Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 402/2022 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR
PETITIONERS/ACCUSED 1 & 2:
1 ROHINI C C, AGED 32 YEARS,
DAUGHTER OF CHANDRAN, CHAZHIPADATH HOUSE, PANDIKKAVU
DESOM, VIYYUR VILLAGE AND POST, THRISSUR, PIN - 680008
2 VAISAKH,AGED 29 YEARS, S/O. CHANDRAN, CHAZHIPADATH HOUSE,
PANDIKKAVU DESOM, VIYYUR VILLAGE AND POST, THRISSUR, PIN
- 680008
BY ADVS.
N.ASHOK KUMAR
RENJU SEBASTIAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 JAYA RAVEENDRAN, AGED 62 YEARS,
W/O. RAVEENDRAN, SIVAM APARTMENT - THAIVALAPPIL,
KUNNATHUMANA LANE, NAKKANAL DESOM, THRISSUR, PIN - 680001
BY ADVS.
P.MOHANDAS(ERNAKULAM) P.
K.SUDHINKUMAR(K/572/2014)
S.K.ADHITHYAN(K/681/2016)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
K.P.SATHEESAN (SR.)(S-242)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3391 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 3391 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 persons 1 & 2 in Crime No.467 of 2022 of Thrissur Town East Police Station, registered alleging commission of offences punishable under Sections 406, 409, 420, 467, r/w 34 of IPC.
3. The prosecution case is that the husband of the defacto complainant named Mr.Raveendran was a cancer patient. The petitioners were engaged to assist the husband of the defacto complainant during the period from 1.1.2020 to 20.1.2021. It is alleged that the petitioners during the above period cheated the husband of the defacto complainant and took advantage of the mental condition of the husband of the defacto complainant and made him to execute documents by which his properties were purportedly transferred and amounts were withdrawn B.A. No. 3391 of 2022 3 from his bank account.
4. The specific case of the petitioners that a false case has been foisted against them. It is submitted as regards the Will in question a suit has been filed by the defacto complainant as O.S.No.66 of 2022 before the Mastiffs' Court, Thrissur, and a copy of the plaint is produced along with the bail application is Annexure-A9 and in the said suit there is a specific pleading by the defacto complainant that the alleged Will has been cancelled by the testator himself.
5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
6. The learned Public Prosecutor though opposed the application for bail, submitted that the petitioners have no other criminal antecedents and the investigation is going on.
7. Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioners, the bail application is allowed with the following directions. The petitioners shall surrender before B.A. No. 3391 of 2022 4 the investigating officer on 15.07.2022. In the event of arrest of the petitioners in Crime No.467 of 2022 of Thrissur Town East Police Station, the petitioners shall 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.467/2022 of Thrissur Town East Police Station as and when summoned to do so;
(iii) Petitioners shall co-operate with the investigation and make themselves available for interrogation whenever 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 B.A. No. 3391 of 2022 5 from disclosing such facts to the court or to any police officer;
(vi) 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.467/2022 of Thrissur Town East 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