Shebin Soranson vs State Of Kerala
2022 Latest Caselaw 9324 Ker

        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. 5683 OF 2022
CRIME NO.251/2022 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONER:

         SHEBIN SORANSON
         AGED 34 YEARS, S/O SORANSON, SHALOM HOUSE,
         PUTHUPALLY SOUTH, PUTHUPALLY P.O,
         KAYAMKULAM,ALAPPUZHA, PIN - 690527
         BY ADVS.
         K.R.SUNIL
         KRISHNA SURESH
         DANIC ANTONY


RESPONDENT:

         STATE OF KERALA,
         THROUGH STATION HOUSE OFFICER,
         KAYAMKULAM POLICE STATION, KAYAMKULAM -690527,
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA-31, PIN 690527

         BY ADV.
         SRI.M.C.ASHI- PP
     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 BA. No.5683/2022

                                        ..2..



                              ORDER

Dated this the 10th day of August, 2022

This is an application for Anticipatory Bail.

2. The petitioner is the sole accused in Crime

No.251/2022 of Kayamkulam Police Station, Alappuzha

alleging commission of offences punishable under Sections 419

of the IPC and Section 24 and Section 10 of Emigration Act,

1983.

3. The prosecution case is that, on 15.03.2022, a

crime got registered against the petitioner herein alleging the

commission of offences punishable under Section 419 of Indian

Penal Code and Section 24 and section 10 of Emigration Act

1983. The respondent alleges that petitioner in order to

mislead the prospective candidates awaiting employment

abroad as nurses posted an advertisement in the Face Book

page with the details of one organization named 'KRH'. It is

further alleged that the petitioner herein impersonated and

misrepresented that the said KRH recruiting agency is an

agency affiliated to the petitioner's establishment and BA. No.5683/2022

..3..

advertised the same in social media which affects the

reputation of the agency named KRH.

4. The learned counsel for the petitioner submitted

that the petitioner is falsely implicated in the above said crime.

The petitioner has not committed any offences as alleged and

has only published a news item of the KRH Company informing

the prospective candidates to apply and approach the KRH

Company for getting an employment.

5. The learned Public Prosecutor, upon instruction

submitted that complaint was received by KRH organisation in

Kuwait through the embassy, stating that the petitioner is

doing some recruitment activities without their knowledge and

any documentation from their side, and on the basis of the

same, the crime has registered. The learned Public Prosecutor

further submitted that the petitioner has no other criminal

antecedents.

6. Having regard to the facts and circumstances of the

case and considering the nature of the allegations, I am

inclined to grant anticipatory bail to the petitioner subject to

stringent conditions. In the result, this application is allowed. BA. No.5683/2022

..4..

It is directed that the petitioner shall surrender before the

investigating officer on 19.08.2022, at 11 a.m. and in the

event of arrest of the petitioner in Crime No.251/2022 of

Kayamkulam Police Station, Alappuzha, the petitioner shall be

produced before the jurisdictional magistrate and shall be

released on bail, subject to the following conditions:-

(i) Petitioner 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) Petitioner shall appear before the

investigating officer in Crime No.251/2022 of

Kayamkulam Police Station, Alappuzha as and

when summoned to do so;

(iii) Petitioner shall not attempt to interfere

with the investigation or to influence or

intimidate any witness in Crime No.251/2022

of Kayamkulam Police Station, Alappuzha;

(iv) Petitioner shall not involve in any other BA. No.5683/2022

..5..

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.251/2022 of Kayamkulam

Police Station, Alappuzha 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 ded/10.08.2022