Kerala High Court
Anil K.Nair 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. 5216 OF 2022
(CRIME NO.644/2022 OF KODUNGALLOOR POLICE STATION)
PETITIONER/ACCUSED:
ANIL K.NAIR, AGED 45 YEARS
S/O.NARAYANAN NAIR KOCHERY HOUSE, THURUTHUSSERY KARA,
NEDUMBASSERY VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683572.
BY ADVS.
SRUTHYMON P.R
PAUL VARGHESE SRAMBICAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP.BY KODUNGALLOOR POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
PP SMT.SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5216 OF 2022
2
VIJU ABRAHAM, J
BA No. 5216. of 2022
th
Dated this the 10 day of August, 2022
O R D E R
This is an application for anticipatory bail.
nd
2. The petitioner is the 2 accused in Crime No.
644/2022 of the Kodungalloor Police Station, alleging
commission of offences punishable Under Sections 406 and 420
IPC.
3 The prosecution allegation in brief is that on
st
27.3.2022, the 1 accused of the crime approached the defacto
complainant and hired his Maruthi Swift Car bearing Reg. No.
KL-46- M40 for his use for some time and when the defacto
st
complainant compelled the 1 accused to return the car, it
st
was told by the 1 accused that the said car has been
nd
entrusted with the 2 accused for his use and will be
returned after some times. Even after repeated demands for
the return of the said car to the defacto complainant and on
enquiry it is revealed to the complainant that the petitioner is
st
collusion with the 1 accused has pledged the card and
BAIL APPL. NO. 5216 OF 2022
bagged money from others and thereby the accused committed
the aforesaid offences.
4. The learned counsel for the petitioner submitted that
the petitioner has been falsely implicated in the aforesaid
crime. The case of the petitioner is that the vehicle was taken
on rent from the first accused and he was usually paying the
rent to the first accused and thereafter as directed by the
first accused, the rent was paid to the defacto complainant as
is evident from Annexure-2 and Annexure-3. It is further
submitted that the petitioner had surrendered the vehicle
before the police.
5. The learned Public Prosecutor opposed the
application for bail mainly contending that it is without the
knowledge of the defacto complainant that the vehicle has
been pledged, but further submitted that the petitioner has no
other criminal antecedents.
6. 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
BAIL APPL. NO. 5216 OF 2022
result, this application is allowed. Petitioner shall surrender
before the investigating officer in Crime No. Crime No. 644/22
of the Kodungalloor Police Station on 19.08.2022 at 11 am for
interrogation. It is directed that in the event of arrest of the
petitioner in Crime No. 644/22 of the Kodungalloor 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. 644/22 of
the Kodungalloor 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
BAIL APPL. NO. 5216 OF 2022
intimidate any witness in Crime No. 644/22
of the Kodungalloor 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. 644/22 of the Kodungalloor
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
