Kerala High Court
Vinod vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
BAIL APPL. NO. 9244 OF 2022
AGAINST THE ORDER/JUDGMENTCRMP 4490/2022 OF DISTRICT COURT&
SESSIONS COURT,PATHANAMTHITTA
PETITIONER/ACCUSED NO.1:
VINOD
AGED 52 YEARS
S/O. THANKAPPAN NAIR, USHAS, ITHALA, PAZHAVANGADY P.O,
RANNI TALUK, PATHANAMTHITTA DISTRICT , PIN - 689673
BY ADVS.
S.ABHILASH
K.SIJU
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
RANNY POLICE STATION, PATHANAMTHITTA DISTRICT , PIN -
689711
BY SRI. M.C.ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 9244 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 9244 of 2022
============================
Dated this the 21st day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 1st accused in Crime No. 945/2022
of Ranny Police Station, Pathanamthitta District alleging
commission of offences punishable under Section 420 read with
Section 34 of the Indian Penal Code.
3. The prosecution allegation is as follows: The 1 st accused
promised the defacto complainant to arrange admission for his
daughter for B.Sc Nursing at A.J. Medical College, Mangalapuram
having made the defacto complainant to believe that the 2nd and
3rd accused are the syndicate members of the college. On
04.07.2022, the defacto complainant gave Rs. 1,00,000/- to the
3rd accused in the presence of 1st and 2nd accused. On the same
date, the defacto complainant deposited Rs. 1,00,000/- in ESAF
Bank Account as directed by 1st accused and on 11.07.2022 the
defacto complainant deposited Rs. 1,50,000/- in ESAF Bank
Account of the 3rd accused and did not return the money to the
defacto complainant yet and thereby accused have appropriated
total Rs. 3,50,000/- of the defacto complainant and cheated him.
4. The petitioner submitted that he has been falsely
implicated in the above said crime. It is further submitted that
the 3rd accused was introduced to the petitioner by Mr. Bineesh
Bhargavan and 3rd accused promised the defacto complainant to
arrange admission for his daughter for B.Sc Nursing at A.J.
Medical College, Mangalapuram. The defacto complainant have
enquired about the 3rd accused and handed over the money
directly to the account of the 3 rd accused. When the defacto
complainant complained of not receiving admission after
payment of the amount, the petitioner has filed Annexure A2
complaint before the Ranny Police Station against the 3 rd
accused. Petitioner further submitted that he has no other
criminal antecedents and he is ready and willing to co-operate
with the investigation.
5. The learned Public Prosecutor upon instructions
submitted that it is the petitioner and 2 nd accused who met the
defacto complainant and promised admission for nursing. The
learned Public Prosecutor further submitted that the amounts
were directly paid by the defacto complainant to the account of
the 3rd accused. Later on enquiry by the defacto complainant it is
revealed that no application is submitted in the above college in
the name of his daughter. It is further submitted that petitioner
has no other criminal antecedents.
6. Considering the facts and circumstances of the case and
nature of allegation, I am inclined to grant anticipatory bail to the
petitioner granting limited custody for the purpose of the
investigation.
In the result, this application is allowed. The Petitioner shall
surrender before the Investigating Officer in Crime No. No.
945/2022 of Ranny Police Station on 27.12.2022 at 11 AM and
shall make himself available for interrogation on that day or any
other day/days as directed by the Investigating Officer. The
petitioner shall co-operate with the investigation. In the event of
arrest of the petitioner in Crime No. No. 945/2022 of Ranny Police
Station, the petitioner shall be produced before the jurisdictional
Court on the very same day and shall be released on bail subject
to the following stringent 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 like-sum to the satisfaction of the
Jurisdictional Court;
(ii) The petitioner shall appear before the investigating
officer in Crime No. No. 945/2022 of Ranny Police
Station, on every Saturday at 11.00 a.m. until filing of
the final report.
(iii) Petitioner shall report to the Investigating Officer as and
when required for the investigation.
(iv) 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. No.
945/2022 of Ranny Police Station;
(v) 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. No. 945/2022 of Ranny 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
sbk/-
