Kerala High Court
Suneer vs State Of Kerala on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
BAIL APPL. NO. 8542 OF 2021
CRIME NO.677/2021 OF ALUVA WEST POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CRMC 2149/2021 OF ADDITIONAL
DISTRICT & SESSIONS COURT-II, ERNAKULAM
PETITIONER/ACCUSED NO.2:
SUNEER
AGED 35 YEARS
S/O. ASHRAF, KARIMBILLY HOUSE, MANJALI,
KARUMALLOOR VILLAGE, PARAVUR TALUK,
ERNAKULAM DISTRICT.
BY ADV PAUL VARGHESE SRAMBICAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
SMT.SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8542 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner, the 2nd accused in Crime No.677/2021 of
Aluva West Police Station, Ernakulam District registered for the
offences punishable under Sections 406 and 420 of the Indian Penal
Code, has moved this application for his release on bail.
3. The petitioner has been in custody since 03.10.2021.
4. The prosecution allegation is that this petitioner along
with the 1st accused had pledged spurious gold ornaments in
Manjali Service Co-operative Society, East Branch and received a
sum of Rs.55,000/-. The said amount was shared by both the
accused and thus they have cheated the Society and thereby
committed the aforesaid offenes.
5. The learned counsel for the petitioner submits that he is
totally innocent of the allegations levelled against him. But he is
undergoing unnecessary incarceration as this case has been falsely
foisted against him.
6. But the said submission is refuted by the learned Public
Prosecutor pointing out his criminal antecedents. He is involved in
Crime Nos.594, 647, 679 and 513 of 2021 registered before the
BAIL APPL. NO. 8542 OF 2021
Aluva West Police Station. Bail has already been granted in Crime
No.513 of 2021.
7. The allegation levelled against this petitioner is definitely
grave and serious in nature as he along with the 1 st accused had
pledged spurious gold ornaments and received money from the
Society. It is the money of the public. Still considering the period of
detention undergone by him in custody and the present stage of
investigation, I think that he can be released on bail subject to the
following conditions:
(i) The petitioner shall be released on bail on his executing 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 court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer
for interrogation on first Monday of every month between 10.00
a.m and 12.00 noon for a period of three months or till filing of
the final report whichever is earlier.
(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
BAIL APPL. NO. 8542 OF 2021
evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the
jurisdictional court is empowered to cancel the bail in accordance
with the law.
Sd/-
SHIRCY V.
JUDGE
mpm
