Yogesh Jiwatram Fulwani vs State Of Kerala
2022 Latest Caselaw 9857 Ker

Citation : 2022 Latest Caselaw 9857 Ker
Judgement Date : 31 August, 2022

Kerala High Court

Yogesh Jiwatram Fulwani vs State Of Kerala on 31 August, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944


                  BAIL APPL. NO. 4407 OF 2022


PETITIONER/ACCUSED:

         YOGESH JIWATRAM FULWANI
         AGED 38 YEARS,
         SON OF JITHU RAM,
         OLPAD INDUSTRIES ESTATE,
         PLOT NO 89, MASAM OLPAD,
         SURAT,GUJARAT, PIN - 394540

         BY ADV K.V.SREE VINAYAKAN


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031
    2    SHO KUNNAMKULAM POLICE STATION
         KUNNAMKULAM POLICE STATION ,KUNNAMKULAM THRISSUR
         DISTRICT, PIN - 680503

         BY ADV.SEETHA S.(SR.PP)


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                      2
BAIL APPLN. NO.4407 OF 2022




                      VIJU ABRAHAM , J.
           ===========================
                Bail Appln. No. 4407 of 2022
           ============================
            Dated this the 31st day of August, 2022


                                   ORDER

This is an application for anticipatory bail.

2. The petitioner is the 2nd accused in Crime No.684 of

2022 of Kunnamkulam Police Station, Thrissur District. The

petitioner has reasonable apprehension that he may be

arrested in the above said crime.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is a businessman who is the

proprietor of J.P Paints and Chemicals, OLPAD Industries Estate,

Surat, Gujarat. The business of the petitioner includes sale of

paints and chemical items. The petitioner undertakes the

wholesale distribution of branded paints and chemicals

throughout the country. On 18-05-2022, the vehicle having No.

KA-23-B-0753 containing the consignment being delivered to a

client in Kunnamkulam, was intercepted by the squad of

respondent around 9 pm near Kunnamkulam, Thrissur. The

vehicle was carrying toilet cleaner having a quantity of 17,620

BAIL APPLN. NO.4407 OF 2022

pieces. The driver of the vehicle was arrested and questioned

and the consignments were detained by the respondent

alleging that the toilet cleaner contained in the vehicle was

fake and it was made at the company of the petitioner. The

above Crime is registered by the respondent against the driver

initially and now it is reliably learned that the respondent

implicated the petitioner herein and an accused in the above

case. All the consignments contained in the vehicle were

illegally detained by the respondent alleging that forgery has

been committed by the petitioner.

4. It is also submitted that the petitioner is falsely

implicated in the above said crime. It is further submitted that

the petitioner is having a registered company doing legal

business throughout the country and he is not making fake

products of any of the chemicals or branded products. The

further case of the petitioner is that he is a distributor of paints

and chemicals and the consignment which is the subject

matter of the above case is purchased by the petitioner from

one Classic Surgical, 3 RD, 301 Uma Bhavan, Gayathri Vibhag-

4, Vatsaly Prajapatiwa, D1, Katangam, Surat, Gujarat-395004

BAIL APPLN. NO.4407 OF 2022

and to substantiate the same the petitioner has produced

Annexures A1 to A3, purchase bills.

5. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

6. The learned Public Prosecutor, upon instructions,

submitted that the vehicle was intercepted and it was found

that fake stickers were seen affixed which is in violation of the

has no other criminal antecedents

7. Considering the facts and circumstances of the case

and nature of allegation, I am inclined to grant anticipatory bail

to the petitioner.

In the result, this application is allowed. Petitioner shall

surrender before the investigating officer in Crime N.684 of

2022 of Kunnamkulam police station on 06.09.2022 at 11 am

and subject to interrogation on that day or any other days as

directed by the Investigating Officer. It is directed that in the

event of arrest of the petitioner in Crime No.684 of 2022 of

Kunnamkulam police station, the petitioner shall be produced

before the Jurisdictional Magistrate's Court on the very same

BAIL APPLN. NO.4407 OF 2022

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 local sureties each for

the like-sum to the satisfaction of the

Jurisdictional Court;

(ii) The petitioner shall appear before the

investigating officer in Crime No.684 of 2022

of Kunnamkulam 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 intimidate any

witness in Crime No.684 of 2022 of

Kunnamkulam police station;