Anilkumar K.B vs State Of Kerala
2022 Latest Caselaw 12467 Ker

Citation : 2022 Latest Caselaw 12467 Ker
Judgement Date : 23 December, 2022

Kerala High Court

Anilkumar K.B 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. 10431 OF 2022
 Crime No. 49/CB/TSR/R/2022 of Crime Branch, Thrissur
  AGAINST THE ORDER/JUDGMENT in CRMP 9360/2022 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONER/ACCUSED:

          ANILKUMAR K.B
          AGED 56 YEARS
          S/O. (LATE) BALAKRISHNANâ€¨KUTTIKKAT HOUSE,
          PERINGOTTUKARA P O,
          THRISSUR, PIN - 680565
          BY ADVS.
          ANUPAMA SUBRAMANIAN
          K.R.SRIPATHI

RESPONDENT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,â€¨HIGH COURT
          OF KERALA, ERNAKULAM, PIN - 682031
    2     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF
          POLICE,â€¨CRIME BRANCH (E.O.), THRISSUR, PIN -
          680631
OTHER PRESENT:

          PP - SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.10431 of 2022                 :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                     B.A. No.10431 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
            Dated this the 23rd day of December, 2022

                                      ORDER

This is an application for regular bail.

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

49/CB/TSR/R/2022 of Crime Branch, Thrissur registered alleging

commission of offences punishable under Sections 406 and 420

read with Section 34 of the Indian Penal Code.

3. The prosecution allegation is that the accused with an

intention to cheat the defacto complainant entered into an

agreement for sale of the property owned by the defacto

complainant having 1.98 acres for a total sale consideration of

Rs.2,03,94,000. After paying a total amount of Rs.23,68,000 on

several occasions and making him believe that for the balance

amount they will avail a purchase loan from Karuvannur Service

Co-operative Bank and gave the property of the defacto

complainant as security and availed 2 Crores as loan and the

accused persons appropriated the said amount and thus cheated

the bank as well as the defacto complainant.

4 .The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime.

Though the petitioner moved an application for anticipatory bail

before this Court, the same was rejected by Annexure E order with

a direction to the petitioner to surrender before the investigating

officer and seek for bail. Pursuant to that, the petitioner

surrendered before the investigating officer on 14.12.2022, and he

is in custody since then. It is also submitted that the petitioner has

been thoroughly interrogated and therefore, his further detention

is not required for the purpose of investigation.

5. The learned Public Prosecutor opposed the bail application

mainly contending that the defacto complainant has been

defrauded to the tune of Rs. 2 Crores.

6. Having regard to the facts and circumstances of the case, I

am inclined to grant bail to the petitioner, but taking note of the

serious nature of allegations, the same shall be on stringent

conditions. In the result, the bail application is allowed. It is

directed that the petitioner 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) Petitioner shall appear before the

investigating officer in Crime No.

49/CB/TSR/R/2022 of Crime Branch, Thrissur on

every Saturday at 11 am, until filing of final

report;

(iii) The petitioner shall not attempt to interfere

with the investigation or to influence or

intimidate the defacto complainant or any witness

in Crime No. 49/CB/TSR/R/2022 of Crime Branch,

Thrissur;