Rajeev.A.S vs State Of Kerala
2022 Latest Caselaw 12532 Ker

             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. 9143 OF 2022
  CRIME NO.0/2022 OF Changanassery Police Station, Kottayam
PETITIONER/ACCUSED NOS.1 & 2:

    1        RAJEEV.A.S
             AGED 36 YEARS, AALAPPALLY VEEDU, CHAMPAKKARA P.O,
             KARUKACHAL, KOTTAYAM DISTRICT, PIN - 686540
    2        DHANYA.V, AGED 32 YEARS, W/O. RAJEEV.A.S,
             AALAPPALLY VEEDU, CHAMPAKKARA P.O, KARUKACHAL,
             KOTTAYAM DISTRICT, PIN - 686540.
             BY ADVS.
             B.RENJITHKUMAR
             CLARA SHERIN FRANCIS


RESPONDENTS:

    1        STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
    2        ADDL R2 MADHUKUMAR B, AHALYA, KURISHUMOODU,
             CHANGANASSERY, KOTTAYAM
             *(IMPLEADED AS ADDL. R2 AS PER ORDER DATED
             30/11/2022 IN CRL MA 1/2022)
             BY ADVS.
             PUBLIC PROSECUTOR
             NINU M.DAS
             S.A.ANAND
             BINEESH KODIYERI
             SHONE GEORGE


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BA No.9143 of 2022
                                             .. 2 ..




             VIJU ABRAHAM, J.
       ====================
            B.A. No.9143 of 2022
       ====================
                Dated this the 23rd day of December, 2022

                                       ORDER

This is an application for anticipatory bail.

2. When the matter was taken up for consideration, the

learned Public Prosecutor upon instructions submitted that the

2nd petitioner is not arrayed as an accused in the present crime.

Therefore, I am considering the bail application in respect of the

1st petitioner alone. The petitioner is the accused in Crime

No.2875/2022 of Changanassery Police Station, Kottayam

alleging commission of offences punishable under Sections 406

and 420 of the IPC.

3. The prosecution allegation is that, the petitioner, who

is working as the sales representative of the defacto

complainant has received an amount of Rs.15,87,401/- from

various shops and the said amount was not credited to the

account and thereby cheated the defacto complainant. BA No.9143 of 2022 .. 3 ..

4. When the matter came up for consideration on earlier

occasion, I have directed the petitioner to surrender before the

investigating officer and co-operate with the investigation. The

learned Public Prosecutor upon instructions submitted that the

petitioner has duly appeared and fully co-operated with the

investigation.

5. Having regard to the facts and circumstances of the

case and considering the nature of the allegations, I am of the

opinion that the further custodial interrogation may not be

required for the purpose of the investigation and only a limited

custody be granted for the same. In the result, this application

is allowed. It is directed that the petitioner shall surrender

before the investigating officer on 29.12.2022, at 11 a.m, and

the petitioner shall co-operate with the investigation. In the

event of arrest of the petitioner in Crime No.2875/2022 of

Changanassery Police Station, Kottayam, he shall be produced

before the jurisdictional Court on the very same day and shall

be released on bail, subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with BA No.9143 of 2022 .. 4 ..

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.2875/2022 of

Changanassery Police Station, Kottayam, on

every Saturday, at 11 am, until the filing of the

final report;

(iii) Petitioner shall appear before the

investigating officer in Crime No.2875/2022 of

Changanassery Police Station, Kottayam as

and when summoned to do so;

(iv) The petitioner 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

No.2875/2022 of Changanassery Police

Station, Kottayam;

(v) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the BA No.9143 of 2022 .. 5 ..

investigating officer in Crime No.2875/2022 of Changanassery

Police Station, Kottayam 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 ded/23.12.2022