IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 1011 OF 2022
(CRIME NO.877/2021 OF Varkala Police Station, Thiruvananthapuram
District)
PETITIONER/ACCUSED 1 AND 2:
1 NAGINASS N, AGED 27 YEARS, S/O.NASARUDEEN,
MEEKKU VEEDU, PRASANTHI NAGAR, KOTTARAKKARA,
KOLLAM - 691506.
2 NAZEEMA, AGED 42 YEARS, S/O.NASARUDEEN,
MEEKKU VEEDU, PRASANTHI NAGAR, KOTTARAKKARA,
KOLLAM - 691506.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
SHINE N.S
KARTHIK J SEKHAR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER, VARKALA POLICE STATION,
THIRUVANANTHAPURAM - 695141
*ADDL R3
LUKOSE V, AGED 57 YEARS, S/O.VARGHESE, AROMAL HOUSE,
*ADDL R3
MAMPPALLIKUNNAM, CHATTANNOOR PO, MEENADU VILLAGE,
IS
KOLLAM TALUK, KOLLAM DISTRICT, KERALA
IMPLEADED
IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 7.7.2022 IN
CRL.M.A.NO.1/2022.
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1011 OF 2022
2
ORDER
This is an application for anticipatory bail.
2. Petitioners are accused Nos.1 and 2 in Crime No.870 of 2022 of Varkala Police Station, alleging commission of offences punishable under Sections 420 r/w 34 of the Indian Penal Code. The second petitioner is the mother of the first petitioner.
3. The prosecution allegation is that the accused with an intention to obtain unlawful gain and to cheat defacto complainant Sri.Lukose Varghese obtained Rs.15,00,000/- at Karma Hose Stay, Varkala from the defacto complainant on 12.10.2020 promising to purchase 1.64 Acres of land at Kottapuram belonging to Smt.Annamma executed an agreement and to sell the same within 6 months after purchase for a higher amount, the first accused issued cheques of State Bank of India, Kottarakkara branch for payment of the amount, it was dishonoured and thereby the BAIL APPL. NO. 1011 OF 2022 3 accused committed the aforesaid offence.
4. Learned counsel for the petitioners submitted that petitioners have been falsely implicated in the abovesaid crime and that what has actually happened is that the defacto complainant entered into an agreement with the first accused regarding running of the resort on lease owned by the defacto complainant and the defacto complainant obtained advance amount and as a security for the transaction, the defacto complainant obtained three blank signed cheques and blank signed papers of the first accused. Learned counsel for the petitioners further submitted that due to Covid-19, the first accused could not conduct the resort, and he requested to return back the advance deposit and documents and that the defacto complainant insisted the first accused to find out a person to sub-let of the resort and thereafter he will return back the documents. Thereupon, the defacto complainant entered into an agreement with one Smt.Annamma on BAIL APPL. NO. 1011 OF 2022 4 12.10.2020 agreeing to sell 32.81 Ares of property comprised in Sy.No.230/1 in Block No.15 of Mylom Village to the defacto complainant at Rs.75,000/- per cent. The said agreement is Annexure-A2 and the first petitioner stood as a witness to the said agreement. The defacto complainant failed to pay the balance amount as per Annexure-A2 and even after a lapse of five months, the sale could not take place. The defacto complainant entrusted Annexure-A2 agreement to the first accused to divide the property into plots and to conduct sale of the property, and it was endorsed as per Annexure-A3 by the first accused and the defacto complainant on the reverse side of Annexure-A2 agreement. It is the case of the petitioners that Annexure-A3 agreement could not materialised and thereafter Annexure-A4 agreement was forged by the defacto complainant. Misusing the blank signed papers entrusted to the defacto complainant and the cheques were also presented and dishonoured.
BAIL APPL. NO. 1011 OF 2022 5
5. The defacto complainant got himself impleaded in the present proceedings and submitted that he has been defrauded by the petitioners and cheques issued along with the agreement were all dishonoured and he has preferred a complaint under Section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate Court, Kollam.
6. Learn Public Prosecutor also upon instructions submitted that the petitioners defrauded the defacto complainant and caused a loss of Rs.15 lakhs. It is seen that when the matter was taken up for consideration, an interim was granted by this court on 4.2.2022 that the petitioners shall not be arrested in connection with the aforesaid crime and the said order is still inforce.
7. Having considered the facts and circumstances of the case and the nature of the allegations, I am inclined to grant anticipatory bail to the petitioners. In the result, the bail application is allowed. The first petitioner shall appear BAIL APPL. NO. 1011 OF 2022 6 before the investigating officer in Crime No.870 of 2022 of Varkala Police Station on 14.07.2022 at 11 am and make himself available for interrogation on 15.07.2022 and 16.07.2022 also. It is directed that in the event of arrest of the petitioners in Crime No.870 of 2022 of Varkala Police Station, the petitioners shall be released on bail subject to the following conditions:-
(i) Petitioners 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) Petitioners shall appear before the investigating officer in Crime No.870 of 2022 of Varkala Police Station, as and when summoned to do so;
(iii) Petitioners shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.870 of 2022 of Varkala Police Station,
(iv) Petitioners shall not involve in any other crime while on BAIL APPL. NO. 1011 OF 2022 7 bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.870 of 2022 of Varkala 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 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 R.AV