Kerala High Court
Sanu.N.Nair vs State Of Kerala on 20 September, 2021
BAIL APPL. NO. 5811 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
BAIL APPL. NO. 5811 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1756/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, CHENGANNUR, ALAPPUZHA
(crime no.479 of 2021 of chengannur police station)
PETITIONER/:
SANU.N.NAIR
AGED 43 YEARS
S/O.NARENDRAN NAIR, MALAYIL HOUSE, KARAKKADMURI,
MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT.
BY ADVS.
K.MOHANAKANNAN
T.V.NEEMA
RESPONDENT/STATE
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-
682 031.
Addl.R2 AJEESH KUMAR, AGED 32 YEARS, S/O. GOPINATHAN PILLAI,
UCHIKOTTU VILAYIL, KURUMPAKARA P.O, ENADIMANGALAM,
PATHANAMTHITTA DIST
IS IMPLEADED AS PER ORDER DATED 20.9.2021 IN
CRLM.A.NO.3/2021
BY ADV K.V.ANIL KUMAR
PUBLIC PROSECUTOR SRI.MANU.P.G
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5811 OF 2021 2
ORDER
Application for regular bail filed under Section 439 of the Code of
Criminal Procedure.
2. The petitioner is the first accused in Crime No. 479 of 2021 of
Chengannur Police Station registered for the offences punishable under
Sections 484, 419, 465, 468, 473 and 420 r/w. 34 of the India Penal
Code.
3. He has been in custody since 16.07.2021.
4. The allegation is that this petitioner along with the other
accused had approached the defacto complainant with the intention to
deceive him by offering a job in Food Corporation of India as a clerk and
received a sum of Rs.15 lakhs and thereafter forged certain documents
and also issued a fake appointment order. On the basis of the fake
appointment order, he proceeded to Chennai believing that he could join
duty in FCI. But when he reached there it was realized that he was
cheated by this petitioner and other accused and thereby he committed
the aforesaid offences along with the other accused.
5. This crime has been registered against this petitioner and the
other accused on the basis of the complaint lodged by the defacto
complainant.
6. Prima facie it appears that this petitioner as well the other
accused have received a sum of Rs.15 lakhs from the defacto
complainant promising to provide job for him. They have not only
received the amount by cheating the defacto complainant but also
fabricated documents as if he has been appointed as a clerk in Food
Corporation of India.
7. No doubt the gravity of the offences alleged against this
petitioner as well the other accused are grave and serious in nature.
Considering the seriousness of the offences committed he is not entitled
to be released on bail, but till date the investigation has not been
completed by the investigating agency. Right to default bail is an
indefeasible right. Hence, this petitioner is entitled for statutory bail and
so he can be released on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing bond for
a sum of Rs.5,00,000/- (Rupees five lakhs 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 as and when required by him, in writing, till filing of the
final report.
(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
jurisdictional court is at liberty to cancel the bail in accordance
with the law.
Sd/-
SHIRCY V.
JUDGE
smm
