Kerala High Court
Bahuleyan Pillai vs State Of Kerala on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
BAIL APPL. NO. 8282 OF 2021
CRIME NO.277/2021 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 1300/2021 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR, THRISSUR
PETITIONER/ACCUSED :-
BAHULEYAN PILLAI
AGED 53 YEARS
S/O. RAGHAVAN PILLAI N., BABU BHAVANAM,
POOVATTOOR EAST, KALAYAPURAM,
KOLLAM DISTRICT-691560.
BY ADV T.U.SUJITH KUMAR
RESPONDENT/STATE :-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031,
REPRESENTING THE SUB INSPECTOR OF POLICE,
ANTHIKKAD POLICE STATION, THRISSUR DISTRICT.
BY SMT.SREEJA V, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8282 OF 2021
2
ORDER
Apprehending arrest in connection with Crime No.277 of 2021 of
Anthikkad Police Station, Thrissur District registered for the offences
punishable under Sections 406 and 420 of the Indian Penal Code, this
petitioner has moved this application under Section 438 of the Code of
Criminal Procedure.
2. The prosecution allegation is that the petitioner with the dishonest
intention to cheat the defacto complainant had promised a job for him at
Dubai and he received a sum of Rs.50,000/- under the false promise.
Thereafter, he failed to arrange the job or to return the amount and thereby,
cheated the defacto complainant.
3. Heard the learned counsel for the petitioners as well the learned
Public Prosecutor.
4. The learned counsel for the petitioner has submitted that one
Haridas from Banglore is running an agency in the name and style Fly Dubai
Travel Recruiting Office. This petitioner is working as an agent under him.
The amount was received from the defacto complainant directly by Haridas.
This petitioner has absolutely no connection with the alleged incident. But he
apprehends unnecessary arrest and hence this application.
BAIL APPL. NO. 8282 OF 2021
5. The learned Public Prosecutor refuted the plea raised by the
learned counsel for the petitioner and submitted that in fact two more
complaints have been received from two others alleging that in total
Rs.2,00,000/- has been received by these petitioners under the very same
promise. Now the investigation of the case is well in progress.
6. Though the learned counsel has contended that this petitioner was
only functioning as an agent of Haridas, who was running the office under the
name and style Fly Dubai Travel Recruiting Office, no documents as such are
available before this court to substantiate the said contention. Moreover, when
there is an allegation that on the very same complaint, this petitioner had
received certain amount from two others. Definitely the investigating agency
has to probe into details to proceed with the investigation of the case.
Therefore, I think that it is just and proper to direct this petitioner to surrender
before the investigating officer on 30.11.2021 between 10.00 am and 12.00
noon. Upon his surrender, the investigating officer shall record his arrest and
after interrogation, he shall be released on bail subject to the following
conditions :-
(i) The petitioner shall execute a bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties for the like sum each to
the satisfaction of the investigating officer.
(ii) The petitioner shall appear before the Investigating Officer for
BAIL APPL. NO. 8282 OF 2021
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.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned
Magistrate/Judge is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
SMA
