Kerala High Court
Pradeep Kumar P.K vs State Of Kerala on 3 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF AUGUST 2022 / 12TH SRAVANA, 1944
BAIL APPL. NO. 2175 OF 2022
(CRIME NO.397/2018 OF Town East Police Station, Thrissur)
PETITIONER/ACCUSED:
PRADEEP KUMAR P.K, AGED 52 YEARS
S/O KOPPAN, PAMBUNGAL HOUSE, UDALAKKAVU DESOM, ADATTU
VILLAGE, THRISSUR DISTRICT, KERALA - 680 551.
BY ADVS.
RAJIT
RAMAKRISHNAN M.N.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
*ADDL.R2 VEERANKUTTY T.M.
S/O.MOIDEEN, THOPPILTHODI HOUSE, KUMBALAKKODU DESOM,
PAZHAYANNOOR VILLAGE, THALAPPILLY TALUK,
THRISSUR DISTRICT - 680 587.
* ADDL.R2 IS IMPLEADED AS PER ORDER IN CRL.MA.NO.1/2022
DATED 03.08.2022 IN BA NO.1987/2022
RENJITH B.MARAR
PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2175 OF 2022 2
VIJU ABRAHAM, J
BA No.2175 of 2022
rd
Dated this the 3 day of August, 2022
O R D E R
This is an application for anticipatory bail.
2. The Petitioner has been arrayed as accused no. 4 in
Crime no. 397/2018 of Thrissur Town East Police Station,
alleging commission of offences punishable under Sections 406
and 420, r/w 34 IPC.
3. The prosecution allegation is that, to the knowledge
of the petitioner, the above numbered crime was registered
upon a complaint made by one Veerankutty against the
accused persons, alleging that accused no.1 Shoukkath Ali and
his agents had cheated him by violating his trust, by way of
mortgaging his property at the bank and using the same to
withdraw the amounts for their personal purposes and caused
huge debts to the defacto complainant with the help of the
other accused persons.
4. Learned counsel for the petitioner submitted that
crime was registered as early as 2018 and he was questioned
by the investigating officer on several occasions. Learned
counsel further submitted that he has been falsely implicated
in the aforesaid crime and he has performed only his official
duty as a senior branch manager.
5. Learned counsel appearing for the defacto
complainant seriously opposed the application for bail mainly
contending that his property has been mortgaged to the bank
without his knowledge and that the mortgage amount was
transferred to the account of the first accused.
6. Learned Public Prosecutor upon instructions
submitted that an application for overdraft facility to the tune
of Rs.10 crores was submitted by the first accused before the
Thrissur District Co-operative Bank, (now Kerala Bank).
Petitioner herein is a senior branch manager and based on
the overdraft application an amount of Rs.2.80 crores was
sanctioned and the amount has been transferred to the
account of the establishment as per the direction of the first
accused.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the petitioner has no other criminal antecedents, I am
inclined to grant anticipatory bail to the petitioner. In the
result, this application is allowed. Petitioner shall appear
before the investigating officer in Crime no. 397/2018 of
Thrissur Town East Police Station, on 12.08.2022 at 11 am for
interrogation and also make himself available for interrogation
on any other day/days as directed by the investigating officer.
It is directed that in the event of arrest of the petitioner in
Crime no. 397/2018 of Thrissur Town East Police Station, he
shall be produced before the Jurisdictional Magistrate's Court
and he shall be released on bail subject to the following
conditions:-
(i) The petitioner shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the
likesum to the satisfaction of the
Jurisdictional Court,
(ii) The petitioner shall appear before the
investigating officer in Crime no. 397/2018 of
Thrissur Town East Police Station, as and
when called for,
(iii) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime no. 397/2018
of Thrissur Town East Police Station,
(iv) 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. 397/2018 of Thrissur Town
East Police Station, may file an application before the
jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police
to investigate the matter and if necessary to effect recoveries
on the information if any given by the petitioner even when
the petitioner is on bail as per the judgment of the Apex
Court in Sushila Aggarwal and others v. State (NCT of Delhi)
and another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE
R.AV
