Kerala High Court
Baby Kuttan vs State Of Kerala on 19 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2244 OF 2024
CRIME NO.2024/2023 OF ERAVIPURAM POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT DATED 13.03.2024 IN CRMC NO.382 OF 2024
OF DISTRICT COURT & SESSIONS COURT,KOLLAM
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PETITIONER/ACCUSED NOS.1 & 2 :
1 BABY KUTTAN, AGED 68 YEARS
S/O.DIVAKARAN, KALEEKKASSERIYIL,
PALKULANGARA NAGAR-58,
KILIKOLLOOR, KOLLAM, PIN - 691 004.
2 VIPIN BABYKUTTAN,
AGED 38 YEARS
S/O.BABYKUTTAN, KALEEKKASSERIYIL,
PALKULANGARA NAGAR-58,
KILIKOLLOOR, KOLLAM, PIN - 691 004.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
PRAVEENA T.
BLESSY MARY SEBASTIAN
JAYAPRABHA ARJUN
RESPONDENT/STATE & THE COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
ERAVIPURAM POLICE STATION, KOLLAM, PIN - 691011
3 JAISON JOSEPH,
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD,
FIRST FLOOR, CRESENT PLAZA, MADAN NADA,
VADAKKEVILA P.O, KOLLAM-691 010( ADDL.R3 IS IMPLEADED
AS PER ORDER DATED 19.04.2024 IN CRL.MA NO.2/2024)
BY ADV BINOY VASUDEVAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2244 OF 2024
2
P.V.KUNHIKRISHNAN, J
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B.A.No. 2244 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail Application filed under Section 438 of Criminal Procedure Code, 1973.
2. Petitioners are accused Nos.1 and 2 in Crime No. 2024/2023 of Eravipuram Police Station. The above case is registered against the petitioners, alleging offences punishable under Section 420 r/w Section 34 of the Indian Penal Code, 1860.
3. The prosecution case is that, the de facto complainant is the Area Manager of Cholamandalam Investments and Finance Pvt. Ltd., Kollam, engaged in the business of providing vehicle loan. Accused herein are the Managing Directors of M/s.Kalikkasseril Motors Pvt. Ltd., engaged in the sale of commercial vehicles. Though dealership run by the accused, BAIL APPL. NO. 2244 OF 2024 3 two customers, by name 'Smt.Fathima Beevi and Muhammed Basheer', had approached the de facto complainant's office for a loan and based on the said application, a vehicle loan of Rs.5,09,339/- was granted to Fathima Beevi and a loan of Rs.4,33,500/- was granted to Muhammed Basheer, and a total of Rs.9,42,839/- was transferred to the Bank account of the accused maintained at Federal Bank, Kadappakada Branch, Kollam. But the accused failed to deliver the vehicle or return the amount as promised. Hence, it is alleged that the accused committed the offences.
4. Heard the counsel for the petitioners and the Public Prosecutor.
5. The counsel for the petitioners submitted that even if the entire allegations are accepted, the offence under Section 420 of IPC is not made out. The learned counsel further submitted that the complaint was filed after about three years. BAIL APPL. NO. 2244 OF 2024 4 It is also submitted that the account of the petitioners' establishment was frozen, and that is why the entire issue has arisen. The learned counsel submitted that the entire dispute will be settled once the account is unfreeze.
6. The learned Public Prosecutor opposed the bail application and submitted that the allegations against the petitioners are serious in nature.
7. This Court considered the contentions of the learned counsel for the petitioners and the learned Public Prosecutor. From the facts narrated in the first information report, whether an offence under Section 420 of IPC is made out or not, is a matter to be investigated by the Investigating Officer. I do not want to make any observations about the same. From the facts in this case, I am of the considered opinion that the custodial interrogation of the petitioners is not necessary. Petitioners can be directed to appear before the Investigating BAIL APPL. NO. 2244 OF 2024 5 Officer as and when required.
8. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial
9. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:
i. Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;
ii.After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/- BAIL APPL. NO. 2244 OF 2024 6 (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;
Iii.Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
iv.Petitioners shall not leave India without permission of the jurisdictional Court;
v.Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected;
10. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
11. Needless to mention, it would be well within the powers of BAIL APPL. NO. 2244 OF 2024 7 the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
sd/-
P.V.KUNHIKRISHNAN JUDGE AMV/19/04/2024