Kerala High Court
Prasanakumar vs State Of Kerala on 25 August, 2022
BAIL APPL. NO. 5709 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
BAIL APPL. NO. 5709 OF 2022
CRIME NO.525/2022 OF Kayamkulam Police Station, Alappuzha
PETITIONER/3RD ACCUSED:
PRASANAKUMAR
AGED 59 YEARS
S/O. RAMAKRISHNAN PILLAI; RESIDING AT: RAGAM,
KIDANGAYAM NADUVIL, SOORANADU SOUTH, PATHARAM
KOLLAM DISTRICT , PIN - 690522
BY ADVS.
R.RAJESH (VARKALA)
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
RESPONDENTS/STATE, I.O & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER, KAYAMKULAM POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 690502
3 AJEESH, AGED 43 YEARS
S/O ANANDAN; RESIDING AT: KOCHUKALEEKAL THARAYIL,
KAPPIL EAST, KRISHNAPURAM,
ALAPPUZHA DISTRICT , , PIN - 690533.
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 5709 OF 2022
2
VIJU ABRAHAM, J
BA No.5709 of 2022
th
Dated this the 25 day of August, 2022
O R D E R
This is an application for anticipatory bail.
rd
2. The petitioner is arrayed as 3 accused in Crime
No. 525 of 2022 of Kayamkulam Police Station, alleging
commission of offences punishable under Sections 420 and 34
of Indian Penal Code.
3. The prosecution allegation is that, the petitioner
being in common intention with 1st and 2nd accused received
huge amounts on the pretext of issuing work permit and visa
to defacto complainant and his wife first to Poland as uber
driver then to Canada as workers in packaging section. The
series of transaction happened from the period from
24.01.2018 to 12.11.2020 during which a sum of Rs.22 lakhs
is duped by accused persons and thereby the accused has
committed the aforesaid offences.
4. Heard the learned counsel for the petitioner and the
learned public Prosecutor.
BAIL APPL. NO. 5709 OF 2022
5. The learned counsel for the petitioner submitted
that the petitioner has been falsely implicated in the aforesaid
crime and the learned counsel further submitted that the
petitioner has not received any amount from the defacto
complainant.
6. The learned Public Prosecutor upon instructions
submitted that the amounts were transferred to the account of
the second accused and also to the third accused. The specific
allegation against the petitioner is that on 22.12.2020, in a
hotel, Rs.5,00,000/- was transferred to the account of the
petitioner. In respect of the said allegation, the petitioner
submits that even in the FIS, the allegations is that the
amount has been given directly to the son of the petitioner.
The learned Public Prosecutor further submitted that the
petitioner has no other criminal antecedents.
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 surrender
BAIL APPL. NO. 5709 OF 2022
before the investigating officer in Crime No. 525 of 2022 of
Kayamkulam Police Station, on 31.08.2022 at 11 am and
make himself available for interrogation on that or any day/s
as directed by the investigating officer. It is directed that in
the event of arrest of the petitioner in Crime No. 525 of 2022
of Kayamkulam Police Station, he shall be produced before
the Jurisdictional Magistrate's Court on the same day 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. 525 of 2022
of Kayamkulam Police Station,
(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. 525 of
BAIL APPL. NO. 5709 OF 2022
2022 of Kayamkulam 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. 525 of 2022 of Kayamkulam
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
