Kerala High Court
Paulson Joseph vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
BAIL APPL. NO. 9266 OF 2022
PETITIONER/1ST ACCUSED:
PAULSON JOSEPH,
AGED 50 YEARS
SON OF JOSEPH,
MLAKKUZHY VEETTIL, MUTTOM P.O,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685587
BY ADV PEEYUS A.KOTTAM
RESPONDENTS/STATE
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
MUTTOM POLICE STATION,
IDUKKI DISTRICT, PIN - 685587
BY ADV SEETHA S.,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPLN. No. 9266 OF 2022
2
VIJU ABRAHAM, J.
===========================
Bail Appl. No.9266 of 2022
============================
Dated this the 22nd day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime
No.687/2022 of Muttom Police Station in Idukki District alleging
commission of offences punishable under Section 420 read with
Section 34 of the Indian Penal Code.
3. The prosecution allegation is that promising to give
share in a four star hotel under construction owned by the
petitioner at Maradu, the petitioner has extracted an amount of
Rs.69,00,000/- on different days from the defacto complainant.
The petitioner committed cheating without giving the promised
share. Thereby the petitioner committed the above said offence.
4. It is submitted that the petitioner is falsely implicated
in the above said crime. The specific case of the petitioner is that
he is a business man and his business is running in loss due to
Covid-19 pandemic. He had availed a loan of Rs.68,00,000/-
BAIL APPLN. No. 9266 OF 2022
from the defacto complainant and he has paid huge amount
towards interest. He has even voluntarily promised the defacto
complainant to give 5% of his share in the hotel and due to some
unavoidable demands made by the defacto complainant, the
same could not materialise. It is purely a civil dispute, which
has been now converted into a criminal case and the present
crime has been registered based on a private complaint
preferred by the defacto complainant.
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. The learned Public Prosecutor, upon instructions,
submitted that after giving an offer to the defacto complainant to
provide 5% share in the hotel, an amount of 69,00,000/- has
been collected and thereafter, he was not given the share as
promised.
7. Considering the facts and circumstances of the case
and nature of allegation, I am of the opinion that custodial
interrogation of the petitioner may not be required for the
purpose of investigation of the case and only a limited custody be
granted to the same, I am inclined to grant anticipatory bail to
the petitioner.
BAIL APPLN. No. 9266 OF 2022
In the result, this application is allowed. Petitioner shall
surrender before the investigating officer in Crime No.687/2022 of
Muttom Police Station in Idukki District on 28.12.2022 at
11 a.m. 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. It
is directed that in the event of arrest of the petitioner in Crime
No.687/2022 of Muttom Police Station, the petitioner shall be
produced before the Jurisdictional 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 like-sum
to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the
Investigating Officer in Crime No.687/2022 of
Muttom police station, on every Saturday at 11
a.m. until filing of the final report;
(iii) The petitioner shall report to the Investigating
Officer as and when required for the
investigation.
BAIL APPLN. No. 9266 OF 2022
(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.687/2022 of Muttom
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.687/2022 of Muttom 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
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