Kerala High Court
Sasi S/O Velayudhan vs State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
BAIL APPL. NO. 10368 OF 2022
CRIME NO.1130/2022 OF KAYAMKULAM POLICE STATION
PETITIONER/ACCUSED NOS.1 & 2:
1 SASI S/O VELAYUDHAN
AGED 62 YEARS, POURNAMI, KATTACHIRA MURI,
BHARANICKAVU VILLAGE, PALLICKAL P.O, MAVELIKARA,
ALAPPUZHA, PIN - 690101
2 RAJI SASI W/O SASI,
AGED 56 YEARS, POURNAMI, KATTACHIRA MURI,
BHARANICKAVU VILLAGE, PALLICKAL P.O, MAVELIKARA,
ALAPPUZHA, PIN - 690101
BY ADVS.
HARIKRISHNAN M.S.
SHAKTHI PRAKASH
K.DHRUV KUMAR
RESPONDENT/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, KAYAMKULAM POLICE
STATION, ALAPPUZHA, PIN - 690502
BY ADV
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022, ALONG WITH Bail Appl..10371/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.10368 & 10371 of 2022 :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
BAIL APPL. NO. 10371 OF 2022
CRIME NO.1140/2022 OF KAYAMKULAM POLICE STATION
PETITIONER/ACCUSED NOS.1 & 2:
1 SASI
AGED 62 YEARS, POURNAMI, KATTACHIRA MURI,
BHARANICKAVU VILLAGE, PALLICKAL P.O, MAVELIKARA,
ALAPPUZHA, PIN - 690101
2 RAJI SASI
AGED 56 YEARS, POURNAMI, KATTACHIRA MURI,
BHARANICKAVU VILLAGE, PALLICKAL P.O, MAVELIKARA,
ALAPPUZHA, PIN - 690101
BY ADVS.
HARIKRISHNAN M.S.
SHAKTHI PRAKASH
K.DHRUV KUMAR
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KAYAMKULAM POLICE STATION, ALAPPUZHA, PIN - 690502
BY ADV
PP - SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022, ALONG WITH Bail Appl..10368/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.10368 & 10371 of 2022 :3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
B.A. Nos.10368 & 10371 of 2022
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 23rd day of December, 2022
ORDER
These are applications for anticipatory bail.
2. The petitioners are accused Nos. 1 and 2 in Crime Nos. 1130
& 1140 of 2022 of Kayamkulam Police Station alleging commission
of offences punishable under Sections 420, 465 and 34 of the Indian
Penal Code.
3. The prosecution allegation is that, the accused persons, with
an intention to cheat the company, where the defacto complainant is
working as Deputy Manager, subscribed to Chitty No.G-2L-0371-
KDM 04 and G2-L-0371-KDM 05 for Rs.25,000,000/-. The chitty
amounts were received by the accused after executing bonds. Later,
the accused failed to pay the installments, causing loss to the
Company. On default, it was informed that legal action will be taken
against the accused persons. On 02.03.2016, the 1 st accused came
to the office of the defacto complainant and issued a cheque bearing
No. 0073051 of SBI Bank (Account Number 10547782297) for an
amount of Rs. 25,44,500/-(in B. A. No.10368/2022) and cheque
bearing Account No.0073052of SBI for an amount of Rs.25,38,950/-
(in B. A. No.10371/2022). The copies of the title documents which
B.A. Nos.10368 & 10371 of 2022 :4:
were provided as security by the 2nd accused were released. When
the cheque was presented for encashment on 29.03.2016, it was
dishonoured by the bank for the reasons 'Insufficient Funds' and
'Signature Differs'. Thereafter, the defacto complainant filed a
complaint u/s 138 of the NI Act before the Kayamkulam Judicial
Magistrate Court. The complaint was dismissed finding that the
cheque belonged to the 2nd accused. The accused persons thereby
caused loss to the Company where the defacto complainant is
working and thus committed the aforesaid offences.
4 .The learned counsel for the petitioners submitted that the
petitioners have been paying the installments regularly, but due to
financial hardship, there was some default in repaying the amount. It
is also submitted that in respect of the aforesaid chitty amounts, a
civil suit is pending as O. S. No. 13/2018 before the Sub-Court,
Mavelikkara.
5. The learned Public Prosecutor upon instructions submitted
that the allegation against the petitioners is that the petitioners have
prized a chitty and thereafter did not repay the said chitty amount.
6. Having regard to the facts and circumstances of the case
and considering the nature of the allegations, I am of the opinion
that custodial interrogation of the petitioners may not be required
for the purpose of investigation and only a limited custody be
B.A. Nos.10368 & 10371 of 2022 :5:
granted for the same. Therefore, I am inclined to grant bail to the
petitioners subject to stringent conditions. In the result, these
applications are allowed. It is directed that the petitioners shall
surrender before the investigating officer on 29.12.2022, at 11 a.m,
and subject themselves for interrogation. The petitioners shall co-
operate with the investigation. In the event of arrest in Crime Nos.
1130 & 1140 of 2022 of Kayamkulam Police Station, they shall be
produced before the jurisdictional Court on the very same day and
shall be released on bail, subject to the following conditions:-
(i) Petitioners shall execute a bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) each, with two
solvent sureties each for the like-sum to the
satisfaction of the jurisdictional court ;
(ii) The petitioners shall appear before the
investigating officer in Crime Nos. 1130 & 1140 of
2022 of Kayamkulam Police Station, as and when
summoned to do so;
(iii) The petitioners shall not attempt to contact the
victim or the defacto complainant or interfere with the
investigation or to influence or intimidate any witness
in Crime Nos. 1130 & 1140 of 2022 of Kayamkulam
Police Station;
B.A. Nos.10368 & 10371 of 2022 :6:
(iv) The petitioners shall not involve in any other crime
while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime Nos. 1130 & 1140 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 any of the petitioners, even when the
petitioners are 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
sm/
