Kerala High Court
Bineesh Kumar 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. 5698 OF 2022
CRIME NO.3434/2021 OF Muvattupuzha Police Station,
Ernakulam
PETITIONER/1ST ACCUSED:
BINEESH KUMAR
AGED 38 YEARS, S/O BHARGAVAN, KOTTAMURICKAL
HOUSE, MARADY VILLAGE, RAMANGALAM KARA,
MUVATTUPUZHA P.O., ERNAKULAM DISTRICT,
PIN 686661
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
K.R.SUNIL KUMAR
MANASI.M
GIFFIN SHALOO
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV SMT.NIMA JACOB - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.08.2022, ALONG WITH Bail Appl..5702/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. Nos.5698 & 5702/2022
..2..
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. 5702 OF 2022
CRIME NO.3434/2021 OF Muvattupuzha Police Station,
Ernakulam
PETITIONER/2ND ACCUSED:
VIJAYAN T.A
AGED 62 YEARS, S/O AYYAPPAN, THATTAYATH HOUSE,
MARADY VILLAGE, RAMANGALAM KARA, MUVATTUPUZHA
P.O., ERNAKULAM DISTRICT, PIN - 686661
BY ADVS.
K.R.PRATHISH
S.UNNIKRISHNAN (NELLAD)
K.R.SUNIL KUMAR
MANASI.M
GIFFIN SHALOO
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
SMT.NIMA JACOB - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.08.2022, ALONG WITH Bail Appl..5698/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. Nos.5698 & 5702/2022
..3..
O R D E R
[Bail Appl. Nos.5698/2022, 5702/2022]
Dated this the 10th day of August, 2022
These are applications for Anticipatory Bail.
2. BA No.5698/2022 is the filed by the 1 st accused
whereas BA No.5702/2022 is filed by the 2 nd accused in Crime
No. 3434 of 2021 of Muvattupuzha Police Station. The offence
alleged is U/ss. 467, 468, 471 r/w 34 of Indian Penal Code.
3. The prosecution case is that, the accused persons
are the earlier office bearers of Kshetra Upadeshaka Samithy
of Thirumadhura Sreekrishna Temple at Marady and for the
Srrenadh Bhaagavath Sapthaaham conducted in the year
2019. The accused persons, without the permission of the
Devaswom Board, have printed receipts book in the name of
Upadeshaka Samithi more than the receipts permitted by the
Devaswom Board and obtained an amount of Rs. 90,000/- and
cause monitory loss to the temple. Amount from the
devotees. Since the temple is with the Devaswom Board and
no further persons can collect the amount. The conduct of the
accused persons is illegal and the accused persons without the
BA. Nos.5698 & 5702/2022
..4..
permission has collected amounts.
4. The learned counsel for the petitioners submitted
that the petitioner in B.A.No.5698/2022 is the former
President of the Upadeshaka Samithy of Thirumadhura
Sreekrishna Temple, whereas the petitioner in BA
No.5702/2022 is the Secretary. It is further submitted that the
fund provided by the Devaswom Board will be very meager
and therefore, the Upadeshaka Samithy used to collect fund
from the public for conduct of the festival. Devaswom Board
will only issue a fixed number of receipts which are sealed and
since the demand from the devotees is more, the petitioners
have issued receipts which are not sealed by the Devaswom
Board.
5. The learned Public Prosecutor seriously opposed the
applications for bail mainly contending that the petitioners
have used receipts which are not sealed/approved by the
Devaswom Board and collected an amount of Rs.90,000/- from
the devotees. It is further submitted that the petitioners have
no other criminal antecedents.
6. Having regard to the facts and circumstances of the
BA. Nos.5698 & 5702/2022
..5..
case and considering the nature of the allegations, I am
inclined to grant bail to the petitioners subject to stringent
conditions. In the result, this application is allowed. It is
directed that the petitioners shall surrender before the
investigating officer on 19.08.2022, at 11 a.m. and in the
event of arrest of the petitioners in Crime No.3434 of 2021 of
Muvattupuzha Police Station, the petitioners shall be produced
before the jurisdictional magistrate and shall be released on
bail, subject to the following conditions:-
(i) Petitioners shall execute bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) 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.3434/2021
as and when summoned to do so;
(iii) Petitioners shall not attempt to interfere
with the investigation or to influence or
intimidate any witness in Crime
BA. Nos.5698 & 5702/2022
..6..
No.3434/2021 Police Station;
(iv) Petitioners shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.3434/2021 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 petitioners, even when the
petitioners are 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
ded/10.08.2022
