Kerala High Court
Vinod.B 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. 2916 OF 2024
CRIME NO.282/2024 OF Nooranadu Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED 27.03.2024 IN CMP NO.1541
OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,
MAVELIKKARA
PETITIONER(S)/2ND ACCUSED:
VINOD.B,
AGED 50 YEARS
S/O.BAHULEYAN, VINOD BHAVANAM, VELLIMON P.O,
PERUNAD VILLAGE, KOLLAM DISTRICT, PIN - 691601
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT(S)/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,NOORANAD POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 690504
BY ADV.SRI. PRASANTH MP, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2979/2024 AND THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2916 & 2979 of 2024
2
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. 2979 OF 2024
CRIME NO.321/2024 OF Adoor Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED 23.03.2024 IN CRMC
NO.858 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
ADOOR
PETITIONER(S)/1ST ACCUSED:
VINOD.B, AGED 50 YEARS
S/O.BAHULEYAN, VINOD BHAVANAM, VELLIMON P.O,
PERINAD VILLAGE, KOLLAM DISTRICT, PIN - 691601
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689645
BY ADV.SMT.SEENA C, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024 ALONG WITH B.A.NO.2916/2024 AND THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2916 & 2979 of 2024
3
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.2916 & 2979 of 2024
-------------------------------
Dated this the 19th day of April, 2024
ORDER
These Bail Applications are filed under Section 439 Criminal Procedure Code (Cr.P.C.)
2. These Bail applications are filed by the accused in Crime No.282/2024 of Nooranadu Police Station and Crime No.321/2024 of Adoor Police Station. Petitioner is the common accused in the above two crimes. The above cases are registered alleging offences punishable under Sections 420, 465, 468, 471 r/w 34 IPC.
3. The prosecution case in brief is as follows:
The accused in these cases collected an amount of Rs.10 lakhs from the defacto complainant in these cases promising employment in Government service and issued forged appointment order and thereby committed the afore said offences.
B.A.Nos.2916 & 2979 of 2024 4
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is in custody from 22.02.2024 in connection with Crime No.321/2024 and his arrest was recorded on 18.03.2024 in connection with Crime No.282/2024. The counsel also submitted that the petitioner is ready to abide any conditions, if this Court grant him bail. The counsel also submitted that the allegation against the petitioner is absolutely incorrect. The learned Public Prosecutor seriously opposed the bail application.
6. It is surprising to see that, to get a Government job, the defacto complainant in these cases is paying huge amount to strangers. What is the basis for paying these amount to the accused for getting public employment when the same is done through a procedure established by law. I don't want to make any observation about the same. The petitioner is in custody from B.A.Nos.2916 & 2979 of 2024 5 22.02.2024 onwards. The continued detention of the petitioner is not necessary. The petitioner has got a contention that there is some money transaction between the petitioner and the defacto complainant in these cases. I don't want to make any observation about the same. These are matters to be investigated by the Investigating Officer. Considering the facts and circumstances of this case, I think this Bail application can be allowed on stringent conditions.
7. 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.
8. Considering the dictum laid down in the above B.A.Nos.2916 & 2979 of 2024 6 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 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 B.A.Nos.2916 & 2979 of 2024 7 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The petitioner shall appear before the investigating officer on all Mondays at 10 A.M. till final report is filed.
6. 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 JUDGE DM