Santhakumar vs State Of Kerala
2021 Latest Caselaw 15571 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE K.HARIPAL
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                         BAIL APPL. NO. 4404 OF 2021
IN CRIME NO. 1246 OF 2019 OF TRIKKAKKARA POLICE STATION, ERNAKULAM
 AGAINST THE ORDER/JUDGMENT IN CRMC 1149/2021 OF DISTRICT COURT &
                     SESSIONS COURT, ERNAKULAM, ERNAKULAM
PETITIONER:

            SANTHAKUMAR
            AGED 43 YEARS
            S/O.MANIYAN, ILLIKULANGARA VELI, C.S.P.-7,
            KURRUPMKULANGARA P.O., CHERTHALA, ALAPPUZHA - 688 539.

            BY ADV MANU ROY



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

    2       THE STATION HOUSE OFFICER
            TRIKKAKKARA POLICE STATION.


OTHER PRESENT:

            PP - SMT. SREEJA V.




     THIS     BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4404 OF 2021
                                      2

                                 ORDER

This is an application filed under Section 438 of the

Cr.P.C. The 1st accused in Crime No.1246 of 2019 of Trikkakkara

police station seeks his pre-arrest bail. His grievance is that he is

being pestered by the police alleged to have committed offence

under Sections 406 and 420 read with Section 34 of the IPC.

2. According to the petitioner, he is a priest in the

temple, he happened to introduce the 2 nd accused to the defacto

complainant and now alleging that he, in furtherance of the

common intention with the 2nd accused, cheated the defacto

complainant money worth Rs. 9,29,100/-. The learned counsel

submits that actually he had only borrowed an amount of

Rs.35,000/- from the defacto complainant for the purpose of

treatment of his mother which was transferred to his bank account

on 09.11.2014. Now for the acts of malfeasance of the 2 nd

accused, he has been falsely implicated.

3. The learned Public Prosecutor has submitted

that the allegations is that from November 2012 onwards the

petitioner and the other accused had extracted money from the

defacto complainant in the business of gold, rice puller and BAIL APPL. NO. 4404 OF 2021

gajamuthu etc, promising returns. The crime was registered in

2019. The whereabouts of the 2nd accused is not known.

4. After hearing counsel on both sides, I am not

convinced that custodial interrogation of the petitioner is

warranted. The learned counsel has submitted that the petitioner

shall co-operate with the investigation.

Therefore, the petitioner shall be at liberty to surrender

before the Investigating Officer within ten days from today and

make himself available for interrogation; in the event of arrest, he

shall be released on bail on executing bond for Rs.50,000/-

(Rupees fifty thousand rupees only) with two solvent sureties each

for the like sum to the satisfaction of the Investigating Officer; he

shall co-operate with the investigation, shall not try to contact or

influence the witnesses or tamper with the evidence and shall not

involve in any crime during the period on bail.

Bail Application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/23/07/2021