Kerala High Court
Sanu N.Nair vs State Of Kerala on 20 September, 2021
BAIL APPL. NO. 5872 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. 5872 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1768/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, CHENGANNUR, ALAPPUZHA
(CRIME NO.397 OF 2021 OF CHENGANNUR POLICE STATION, ALAPPUZHA
DISTRICT)
PETITIONER/1ST ACCUSED
SANU N.NAIR
AGED 43 YEARS
S/O.NARENDRAN NAIR, MALAYIL HOUSE, KARAKKADMURI,
MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT.
BY ADV K.MOHANAKANNAN
RESPONDENT/STATE
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -
682 031.
ADDL. R2 NITHIN G. KRISHNA,AGED 43 YEARS, S/O. NARENDRAN NAIR,
MALAYIL HOUSE, KARAKKAD MURI, MULAKUZHA, CHENGANNUR,
ALAPPUZHA
BY ADV K.V.ANIL KUMAR
BY 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. 5872 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. 397 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 to him in Food Corporation of India as clerk and received
a sum of Rs.20 lakhs from the brother of the defacto complainant 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.20 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
