Nidhish Kalamkar vs State Of Kerala
2021 Latest Caselaw 19298 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                      BAIL APPL. NO. 6684 OF 2021
 AGAINST THE ORDER/JUDGMENT IN SC 724/2020 OF ADDITIONAL SESSIONS
                    COURT - II, MANJERI, MALAPPURAM
PETITIONER/ACCUSED:

            NIDHISH KALAMKAR
            AGED 43 YEARS
            57 SHIVAJINAGAR, B202,
            KANCHAN GEET APARTMENT, SHIVAJINAGAR,
            SHANKAR NAGAR, NAGPUR, MAHARASHTRA 440 010

            BY ADVS.
            SURAJ.S
            NIRMAL V NAIR



RESPONDENT/STATE:

            STATE OF KERALA
            REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            KOCHI 682 031

            SREEJA.V- SR.P.P


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6684 OF 2021

                                     2

                               ORDER

Application for regular bail.

The petitioner, who is the 1 st accused in Crime No.10/2020 of

the Perumpadappu Police Station, Malappuram District registered

for the offences punishable under Sections 489A, 489B, 489C,

489D, 489E, 419 and 468 of the Indian Penal Code, has moved this

application for his release on bail.

2. The brief facts of the case are as follows:

On 15.01.2020 at about 2.40 p.m, while the petitioner

and his wife were travelling in a car bearing registration No.MH 04-

DB-7783, they were intercepted by the police and on inspection

they were found in possession of 45 fake notes of Rs.2000/-

denomination, 52 fake notes of Rs.500/- denomination having a

total value of Rs.1,16,000/-. A printer and other machineries were

also found in their possession and they were also carrying a fake

Aadhar Card in his name with fictitious address. They were

apprehended then and there and the case was investigated by the

investigating agency and now it is pending before the Additional BAIL APPL. NO. 6684 OF 2021

Sessions Court-II, Manjeri as S.C.No.724/2020.

3. This petitioner moved bail applications twice before this

Court and on 07.07.2020 while considering the third application

submitted by him, this court observed that the final report has

already been submitted and committal proceedings is on the way, if

there is unreasonable delay in trial of the case then the petitioner

can approach the jurisdictional court at the appropriate time for

bail. Thereafter this petitioner filed an application for his release on

bail before the learned Additional Sessions Judge as

Crl.M.P.No.1451/2020. After considering the entire facts involved in

this case, the learned Sessions Judge also dismissed the application

mainly on the ground that if the petitioner is enlarged on bail there

is every chance to abscond and his presence could not be secured

for trial.

4. This petitioner is from Maharashtra and he has no place

of abode in Kerala State. When this bail application moved by this

petitioner, I have called for a report from the learned Sessions

Judge regarding the present status of the case as well, regarding

the time required for disposal of the same. By letter dated BAIL APPL. NO. 6684 OF 2021

09.09.2021 the learned Additional Sessions Judge, who is dealing

with the matter has reported that, because of the heavy pendency

of the cases both civil and criminal, the learned Judge requires at

least six months time for disposal of the case.

5. According to the learned counsel for the petitioner, he is

ready to provide sureties from Kerala and also to co-operate with

the trial of the case.

6. The learned Public Prosecutor has submitted that though

bail has been granted to the 2nd accused, the wife of this petitioner,

on 24.04.2021 by the learned Sessions Judge, she could not comply

with the conditions imposed by the Court and so she is still in

custody. If this petitioner is released on bail at this stage, when the

case is ready for trial there is every possibility to get the trial

delayed further. When the learned Additional Sessions Judge

requires six months time for disposal of the same, there is no

justification in releasing the petitioner on bail just considering the

fact that he is in custody since 15.01.2020. But the time sought for

by the learned Sessions Judge appears to be on the higher side and

therefore, I here by direct the learned Sessions Judge, who is BAIL APPL. NO. 6684 OF 2021

dealing with the case to take up the matter and expedite the trial of

the case and dispose of the same at any rate within a period of

three months from today. Preference has to be given to cases in

which accused are in custody.

With this direction the bail application submitted by this

petitioner stands dismissed. Communicate the order.

Sd/-

SHIRCY V.

JUDGE

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