Rajesh vs State Of Kerala
2021 Latest Caselaw 22443 Ker

Citation : 2021 Latest Caselaw 22443 Ker
Judgement Date : 9 November, 2021

Kerala High Court

Rajesh vs State Of Kerala on 9 November, 2021

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE SHIRCY V.
           TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                             BAIL APPL. NO. 8107 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CRMC 1753/2021 OF ADDITIONAL DISTRICT COURT &
         SESSIONS COURT - VIII, ERNAKULAM / IV ADDITIONAL MACT, ERNAKULAM
           CRIME NO.89 OF 2021 OF PANANGAD POLICE STATION, ERNAKULAM


PETITIONER/ACCUSED NO.4 :-

              RAJESH
              AGED 32 YEARS
              S/O. KARUPPAKUTTY, MANAKKATU HOUSE, KUMBALAM,
              KANAYANNUR TALUK, ERNAKULAM

              BY ADVS.
              B.R.MURALEEDHARAN
              K.V.SANOSH
              K.V.SURESH


RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT :-

     1        STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031
     2        S.H.O. OF POLICE,
              PANANGAD POLICE STATION,
              ERNAKULAM-682 506
     3        P.K.SIVAN
              AGED 60 YEARS
              S/O. KUNJAN BAVA, PALAKKAPILLY HOUSE,
              PERIKKAD, EROOR WEST,
              ERNAKULAM-682 306


              BY SRI.NOUSHAD.K.A- SR.PP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8107 OF 2021
                                     2

                                  ORDER

Apprehending arrest in connection with Crime No.89 of 2021 of

Panangad Police Station registered for the offences punishable under

Sections 415, 420, 426, 464 and 120B r/w Section 34 of the Indian Penal

Code, this petitioner/4th accused has moved this application under Section

438 of the Code of Criminal Procedure.

2. The prosecution case is as follows :-

The 1st accused along with her husband was having an extent of

7 and odd cents of land. She entered into an agreement with the defacto

complainant for sale of an extent of 2.744 cents of land for a total

consideration of Rs.15 lakhs. While executing the said agreement, though

her husband expired, the said fact was not disclosed by her to the defacto

complainant with the intention to deceive him. The agreement was also

drafted in such a way that the same was executed by her husband Valsalan

then deceased along with the 1 st petitioner. At the time of execution of the

sale agreement, a sum of Rs.5 lakhs was received by the 1 st petitioner.

Thereafter, an amount of Rs.9,50,000/- was also received as sale

consideration, but did not execute the document in favour of the defacto BAIL APPL. NO. 8107 OF 2021

complainant and thus cheated him.

3. Heard the learned counsel for the petitioner, learned counsel

appearing for the defacto complainant as well the learned Public

Prosecutor.

4. The learned counsel for the petitioner submitted that this

petitioner, who is the son-in-law of the first petitioner is residing along with

his wife and they are not residing along with the first accused, who entered

into the sale agreement of the property with the defacto complainant. It is

further submitted that he is totally innocent of the allegation levelled against

him. In fact, he apprehends unnecessary arrest and hence this application.

5. On perusal of the records, it is not revealed that this petitioner

has any participation in the alleged transaction between the defacto

complainant and the first accused. So, no doubt custodial interrogation of

this petitioner is not at all necessary for the investigating agency to proceed

with the investigation of the case. Moreover, pre-arrest bail had already

been granted to accused Nos.2 and 3 by this court and the first accused

was also directed to surrender before the investigating officer for

interrogation with a further direction to the investigating officer to release her

on bail, after interrogation. Therefore, this application can be allowed BAIL APPL. NO. 8107 OF 2021

subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer in the event of his arrest.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)The petitioner 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 or tamper with the evidence.