V.K. Shaji vs State Of Kerala
2022 Latest Caselaw 9214 Ker

Citation : 2022 Latest Caselaw 9214 Ker
Judgement Date : 10 August, 2022

Kerala High Court

V.K. Shaji vs State Of Kerala on 10 August, 2022

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                     BAIL APPL. NO. 4956 OF 2022
  CRIME NO.487/2022 OF PALGHAT TOWN NORTH POLICE STATION, PALAKKAD
                                 DISTRICT


PETITIONER/ACCUSED NOS.1 TO 6:

     1     V.K. SHAJI, AGED 52 YEARS
           S/O. KOCHU KUNJU VAIDYAR,
           "LUMBINI",THAREKKADU, PALAKKAD, PIN - 678001

     2     DEEPA SHAJI, AGED 48 YEARS
           W/O. V.K. SHAJI,"LUMBINI",
           THAREKKADU, PALAKKAD, PIN - 678001

     3     KIRAN,AGED 45 YEARS
           S/O. LATE N. KUTTAN,
           "LUMBINI",THAREKKADU, PALAKKAD, PIN - 678001

     4     SOHIL, AGED 35 YEARS
           S/O. KUTTAN, THULASI APARTMENT,
           SEKHARIPURAM, PALAKKAD, PIN - 678010

     5     AKSHAY MANOHAR,AGED 21 YEARS
           S/O. MANOHARAN, MEENUTHUCHIRAYIL,
           PARIYIKARA, MAVELIKARA P.O.,
           ALAPPUZHA, PIN - 690101

     6     SUJATHA, AGED 20 YEARS
           D/O. LATE PONNANAN,
           VATSAYAM NIVAS, AMBATTUPARAMBU,
           THATTAMANGALAM, PIN - 678102

           BY ADVS.
           Martin Jose P
           P.PRIJITH(K/233/2005)
           THOMAS P.KURUVILLA(K/420-B/2005)
           K.MUHAMMED SALAHUDHEEN(K/00129A/1990)
           ANNA LINDA V.J(K/1201/2020)
           R.GITHESH(K/630/2002)
 B.A. No. 4956 of 2022                2

           HARIKRISHNAN S.(K/497/2019)
           S.SREEKUMAR (SR.)(S-571)



RESPONDENT/COMPLAINANT:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, PIN - 682031

           BY ADV PUBLIC PROSECUTOR SMT.S.SEETHA




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022,    THE      COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A. No. 4956 of 2022              3

                 VIJU ABRAHAM, J.
               -------------------
              B.A. No. 4956 of 2022
        ----------------------------------
     Dated this the 10th day of August, 2022
                                  ORDER

Application for anticipatory bail.

2. The petitioners are accused Nos. 1 to 6 in

Crime No. 487/2022 of Palghat Town North Police

Station, Palakkad District, registered alleging

commission of the offences under Sections 406, 420

and 34 of the IPC.

3. The prosecution allegation in brief is that

the 1st applicant who is the patron of a Charitable

Society namely "Green Society", formed with the

objective of upliftment of Dalit Community. The

other applicants are the members of the society and

it is alleged that the applicants took money from

some members of the society and misappropriated it

and thereby cheated them.

4. The petitioners submit that they have been

falsely implicated in the above said crime and the

present case is based on a private complaint

preferred by the defacto complainant. Petitioners

would contend that as per the bylaws of the Society

no member in his individual capacity can use the

money accounted to the society. The money received

is put to use based on the consensus of all the

members and for the said reason the allegation of

misappropriation is false and baseless. The

allegation that the applicants took money from the

complainant and misappropriated the same is also

without any basis. Learned senior counsel for the

petitioners submitted that there are no serious

allegations raised against the other petitioners

except the 1st petitioner.

5. Heard the learned counsel appearing for the

petitioners and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail mainly contending that an

amount to the tune of Rs.1 Crore was received from

the defacto complainant to the society promising

that he will get monthly return of Rs.10 lakhs as

profit. Learned Public Prosecutor further submitted

that the society is not registered. It is also

submitted that the petitioners have no other

criminal antecedents.

7. Having regard to the facts and circumstances

of the case, and the nature of the allegations, I

am inclined to grant bail to the petitioners. The

above bail application is allowed with the following

directions. The petitioners shall surrender before

the investigating officer on 19.08.2022 and co-

operate with the investigation. In the event of

arrest of the petitioners in Crime No. 487/2022 of

Palghat Town North Police Station, they shall be

produced before the jurisdictional Magistrate and be

released on bail on the following conditions:

(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the investigating officer in Crime No.487/2022 of Palghat Town North Police Station as

and when summoned to do so;

(iii) Petitioners shall co-operate with the investigation and make themselves available for interrogation whenever so required;

(iv) Petitioners shall not tamper with any evidence;

(v) Petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

(vi) The petitioners shall surrender their passports before the jurisdictional court. If the petitioners does not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;