Anoop Viswanathan vs State Of Kerala
2021 Latest Caselaw 23133 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR. JUSTICE GOPINATH P.
       Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
                         BAIL APPL. NO. 8944 OF 2021
            CRIME NO.463/2021 OF Cherpu Police Station, Thrissur
PETITIONER/ACCUSED

     ANOOP VISWANATHAN AGED 46 YEARS S/O VISWANATHAN, SIVASAKTHI KAPPIL
     EAST, KRISHNAPURAM VILLAGE, KRISHNAPURAM DESOM, ALAPPUZHA DISTRICT
     NOW RESIDING AT CHENATH VEETTIL, KOLAZHY, ATHEKKAD DESOM, KOLAZHY
     VILLAGE, THRISSUR DISTRICT.

RESPONDENT/STATE

     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM-682031(CRIME NO.463/2021 OF CHERPU POLICE STATION
     THRISSUR DISTRICT).

     This Bail application coming on for orders upon perusing the
petition and upon hearing the arguments of M/S C.DHEERAJ RAJAN, ANAND
KALYANA KRISHNAN Advocates for the petitioner and PUBLIC PROSECUTOR for
the respondent, the court passed the following:




    p.t.o
                             GOPINATH P., J.
               -------------------------------------------------
                          B.A. No. 8944 OF 2021
               -------------------------------------------------
            DATED THIS THE 24th DAY OF NOVEMBER, 2021

                                ORDER

The petitioner is an accused in Crime No.463/2021 of Cherpu Police

Station in Thrissur District alleging commission of offences under Sections

406 & 420 of the Indian Penal Code.

2. The allegation against the petitioner is that he had collected an

amount of Rs.5,00,000/- from the de facto complainant promising that he

would obtain a visa and a job for the son of the de facto complainant in

Germany. The amounts in question are stated to have been paid to the

petitioner by the de facto complainant through cheque. When this matter

came up for consideration it is the contention of the learned counsel for the

petitioner with reference to the judgment of the Supreme Court in

Jaswant Singh v. State of Punjab and others (judgment dated

20-10-2021 in Crl. Appeal No.1233/2021) that the allegations do not

constitute a criminal offence and at best it can only be a civil dispute

between the petitioner and the de facto complainant.

3. When this matter came up for consideration this court was of

the opinion that the matter between the petitioner and the de facto

complainant can be settled as the claim is essentially a monetary claim.

With this view in mind I requested the learned counsel for the petitioner to

get instructions as to whether the petitioner is willing to deposit a sum

of Rs.1,50,000/- as a condition for interim bail. The learned counsel for

the petitioner would submit that the petitioner is willing to deposit a

sum of Rs.1,50,000/- as a condition for interim bail. He also submits

that an amount of Rs.53,000/- had been returned to the de facto

complainant earlier.

In the circumstances, it is directed that the petitioner shall be

released on interim bail subject to following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the

like sum to the satisfaction of the Judicial First Class Magistrate

Court-I, Thrissur;

(ii) The petitioner shall deposit a sum of Rs.1,50,000/- before the

Judicial First Class Magistrate Court-I, Thrissur;

(iii) The Petitioner shall appear before the investigating officer in

Crime No.463/2021 of Cherpu Police Station on every Saturday at

11 am until further orders;

(iv) The petitioner shall not attempt to interfere with the

investigation, influence or intimidate the de facto complainant or

any witness in Crime No.463/2021 of Cherpu Police Station;

(v) The petitioner shall surrender his passport before the

jurisdictional Court. If the petitioner does not have a passport, he

shall execute an affidavit to that effect and file the same before the

said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating

officer in Crime No.463/2021 of Cherpu Police Station may file an

application before the jurisdictional Court for cancellation of bail.

To explore the possibility of settlement, the petitioner shall

implead the de facto complainant as an additional respondent in this

Bail application.

Post on 29-11-2021.

Sd/-

GOPINATH P.

                                                        JUDGE
     AMG




24-11-2021                      /True Copy/                            Assistant Registrar