Kerala High Court
Nitish Agarwal 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. 3173 OF 2024
CRIME NO.15/2024 OF CYBER CRIME POLICE STATION, THRISSUR, Thrissur
PETITIONER(S)/ACCUSED:
NITISH AGARWAL
AGED 35 YEARS
B1, 22F3, LIG BACK LEFT, DLF, GAZIABAD, NOW RESIDING AT
C 506, OXY HOMES, TEELA MODE, GAZIABAD, UTTAR PRADESH,
PIN - 201001
BY ADVS.
SARATH BABU KOTTAKKAL
ARCHANA VIJAYAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. NO. 3173 OF 2024
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P.V.KUNHIKRISHNAN, J.
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B.A. No.3173 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail application is filed under Section 439 of Criminal Procedure Code.
2. The petitioner is the accused in Crime No.15/2024 of Cyber Crime Police Station, Thrissur. The above case is registered against the petitioner alleging offences punishable under Section 420 IPC and under Section 66D of the Information Technology Act.
3. The prosecution case is that, the accused B.A. NO. 3173 OF 2024 3 person, in furtherance of their common intention, pretending as sales executive of OM Enterprises and under the guise of selling A4 size papers cheated the 1st informant and thereby dishonestly induce him to transfer Rs.6,82,000/- by way of installment in between 17.01.2024 and 03.02.2024 from his two bank accounts to two bank accounts provided by them. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is in custody from 01.04.2024 onwards. It is submitted that, the petitioner had not committed any offence as alleged B.A. NO. 3173 OF 2024 4 and there is only civil liability between the petitioner and the de-facto complainant. The counsel for the petitioner also submitted that, the petitioner is ready to obey any conditions, if this Court grant him bail. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner is from Gaziabad and if, he is released on bail, he will not be available for trial. It is also submitted that the petitioner is not cooperating with the investigation.
6. This Court considered the contention of the petitioner and the Public Prosecutor. The allegation against the petitioner is that the petitioner has not supplied A4 size papers after collecting huge amount from the de-facto complainant. Whether the offences B.A. NO. 3173 OF 2024 5 under Section 420 IPC is made out in such cases, is to be investigated by the investigating officer. The petitioner is in custody from 01.04.2024 onwards. Continued detention of the petitioner is not necessary, but, till the investigation is over, there can be a direction to the petitioner to stay within the jurisdiction of Thrissur District after his release. He shall not go outside the jurisdiction of Thrissur District, without getting permission from the jurisdictional court. With the above condition and also directing the petitioner to appear before the investigating officer on all Mondays, Wednesdays and Fridays, this bail application can be allowed.
7. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The B.A. NO. 3173 OF 2024 6 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.
8. 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:
1. Petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the B.A. NO. 3173 OF 2024 7 satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner 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 him from disclosing such facts to the Court or to any police officer.
3. Petitioner shall not leave India without permission of the jurisdictional Court.
4. Petitioner shall not commit an offence similar to the offence of which they are B.A. NO. 3173 OF 2024 8 accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the investigating officer on all Mondays, Wednesdays and Fridays at 10.00 A.M., till final report is filed.
6. The petitioner shall reside within the jurisdiction of Thrissur District, till investigation in Crime No.15/2024 is completed. The petitioner shall give the address where he is going to reside in Thrissur and also his phone number. If he want to go outside the jurisdiction of Thrissur District for any specific purpose, the petitioner is free to approach the B.A. NO. 3173 OF 2024 9 jurisdictional court and the jurisdictional court can pass appropriate orders, after hearing the investigating officer.
7. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
B.A. NO. 3173 OF 2024
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APPENDIX OF BAIL APPL. 1336/2024 PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN CRL.
M.C. 85/2024 DATED 12.02.2024 PASSED BY THE HON'BLE SESSIONS COURT, THODUPUZHA RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE