Premchand vs The State Of Kerala
2021 Latest Caselaw 17314 Ker

Citation : 2021 Latest Caselaw 17314 Ker
Judgement Date : 17 August, 2021

Kerala High Court

Premchand vs The State Of Kerala on 17 August, 2021

B.A.No.6085/21                        1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
                    BAIL APPL. NO. 6085 OF 2021
     CRIME NO.1591/2019 OF Mecical College Police Station,
                        Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CRMC 1563/2021 OF I ADDITIONAL
         DISTRICT COURT, TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/S:

             PREMCHAND
             AGED 34 YEARS
             S/O. SUDHAKARAN, KAIPPURATH VEEDU, THOZHUKKAL
             DESOM, ALAMPOTTA, PERUMPAZHUTHOOR, NEYYATTINKARA,
             THIRUVANANTHAPURAM DISTRICT.

             BY ADV R.T.PRADEEP



RESPONDENT/S:

             THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
             OF KERALA, ERNAKULAM-682031.


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.08.2021,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.6085/21                      2




                              ORDER

The petitioner is the 5th accused in Crime No.1591 of 2019

of Medical College Police Station, Thiruvananthapuram. The

offences alleged against him are offences punishable under

Sections 403, 406, 417, 420, 506 read with Section 34 of IPC.

The prosecution originally arrayed the petitioner as the 5 th

accused on the allegation that the accused persons have induced

the de facto complainant to mortgage his property for realization

of an amount covered by subscription of a chitty to the tune of

Rs.30,00,000/-. Subsequently, the police removed three of the

accused persons from the party array and at the moment only two

accused persons are there, wherein the petitioner herein is the

2nd accused. He was arrested on 18.07.2021. Since then he is

under judicial detention.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. The learned counsel for the petitioner contends that he

is innocent of all the allegations and he was in fact a victim of the

acts committed by the other accused persons. He was induced by

the other accused persons to take subscription of a chitty

abandoned by one of the subscriber in the name of the petitioner.

On the other hand, the learned Public Prosecutor strongly

opposed the application contending that the petitioner is also

involved in another case of similar nature and hence he seeks

dismissal of the bail application.

4. It is true that the materials are connecting the

petitioner to the incident. However, it is a fact that the petitioner

is in judicial detention since 18.07.2021 and further incarceration

of the petitioner may not be necessary for further investigation,

as the investigation has proceeded considerably. In such

circumstances, the petitioner can be released on bail subject to

stringent conditions. Accordingly, this bail application is allowed

subject to following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other competent authorities in this regard.

(iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.