Naginass N vs State Of Kerala
2022 Latest Caselaw 8755 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                      BAIL APPL. NO. 1011 OF 2022
 (CRIME NO.877/2021 OF Varkala Police Station, Thiruvananthapuram
                                  District)
PETITIONER/ACCUSED 1 AND 2:

    1       NAGINASS N, AGED 27 YEARS, S/O.NASARUDEEN,
            MEEKKU VEEDU, PRASANTHI NAGAR, KOTTARAKKARA,
            KOLLAM - 691506.
    2       NAZEEMA, AGED 42 YEARS, S/O.NASARUDEEN,
            MEEKKU VEEDU, PRASANTHI NAGAR, KOTTARAKKARA,
            KOLLAM - 691506.
            BY ADVS.
            B.MOHANLAL
            P.S.PREETHA
            SHINE N.S
            KARTHIK J SEKHAR


RESPONDENTS/STATE & COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
           ERNAKULAM, PIN - 682031.

    2       THE STATION HOUSE OFFICER, VARKALA POLICE STATION,
            THIRUVANANTHAPURAM - 695141
            *ADDL R3

            LUKOSE V, AGED 57 YEARS, S/O.VARGHESE, AROMAL HOUSE,
*ADDL R3
            MAMPPALLIKUNNAM, CHATTANNOOR PO, MEENADU VILLAGE,
IS
            KOLLAM TALUK, KOLLAM DISTRICT, KERALA
IMPLEADED
            IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 7.7.2022 IN
            CRL.M.A.NO.1/2022.


OTHER PRESENT:

            PP - SMT. NIMA JACOB


     THIS    BAIL   APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 1011 OF 2022
                                           2


                                      ORDER

This is an application for anticipatory bail.

2. Petitioners are accused Nos.1 and 2 in Crime

No.870 of 2022 of Varkala Police Station, alleging commission

of offences punishable under Sections 420 r/w 34 of the Indian

Penal Code. The second petitioner is the mother of the first

petitioner.

3. The prosecution allegation is that the accused with

an intention to obtain unlawful gain and to cheat defacto

complainant Sri.Lukose Varghese obtained Rs.15,00,000/- at

Karma Hose Stay, Varkala from the defacto complainant on

12.10.2020 promising to purchase 1.64 Acres of land at

Kottapuram belonging to Smt.Annamma executed an

agreement and to sell the same within 6 months after

purchase for a higher amount, the first accused issued

cheques of State Bank of India, Kottarakkara branch for

payment of the amount, it was dishonoured and thereby the BAIL APPL. NO. 1011 OF 2022

accused committed the aforesaid offence.

4. Learned counsel for the petitioners submitted that

petitioners have been falsely implicated in the abovesaid crime

and that what has actually happened is that the defacto

complainant entered into an agreement with the first accused

regarding running of the resort on lease owned by the defacto

complainant and the defacto complainant obtained advance

amount and as a security for the transaction, the defacto

complainant obtained three blank signed cheques and blank

signed papers of the first accused. Learned counsel for the

petitioners further submitted that due to Covid-19, the first

accused could not conduct the resort, and he requested to

return back the advance deposit and documents and that the

defacto complainant insisted the first accused to find out a

person to sub-let of the resort and thereafter he will return

back the documents. Thereupon, the defacto complainant

entered into an agreement with one Smt.Annamma on BAIL APPL. NO. 1011 OF 2022

12.10.2020 agreeing to sell 32.81 Ares of property comprised

in Sy.No.230/1 in Block No.15 of Mylom Village to the defacto

complainant at Rs.75,000/- per cent. The said agreement is

Annexure-A2 and the first petitioner stood as a witness to the

said agreement. The defacto complainant failed to pay the

balance amount as per Annexure-A2 and even after a lapse of

five months, the sale could not take place. The defacto

complainant entrusted Annexure-A2 agreement to the first

accused to divide the property into plots and to conduct sale

of the property, and it was endorsed as per Annexure-A3 by

the first accused and the defacto complainant on the reverse

side of Annexure-A2 agreement. It is the case of the

petitioners that Annexure-A3 agreement could not materialised

and thereafter Annexure-A4 agreement was forged by the

defacto complainant. Misusing the blank signed papers

entrusted to the defacto complainant and the cheques were

also presented and dishonoured.

BAIL APPL. NO. 1011 OF 2022

5. The defacto complainant got himself impleaded in

the present proceedings and submitted that he has been

defrauded by the petitioners and cheques issued along with

the agreement were all dishonoured and he has preferred a

complaint under Section 138 of the Negotiable Instruments Act

before the Judicial First Class Magistrate Court, Kollam.

6. Learn Public Prosecutor also upon instructions

submitted that the petitioners defrauded the defacto

complainant and caused a loss of Rs.15 lakhs. It is seen that

when the matter was taken up for consideration, an interim

was granted by this court on 4.2.2022 that the petitioners

shall not be arrested in connection with the aforesaid crime

and the said order is still inforce.

7. Having considered the facts and circumstances of

the case and the nature of the allegations, I am inclined to

grant anticipatory bail to the petitioners. In the result, the

bail application is allowed. The first petitioner shall appear BAIL APPL. NO. 1011 OF 2022

before the investigating officer in Crime No.870 of 2022 of

Varkala Police Station on 14.07.2022 at 11 am and make

himself available for interrogation on 15.07.2022 and

16.07.2022 also. It is directed that in the event of arrest of

the petitioners in Crime No.870 of 2022 of Varkala Police

Station, the petitioners 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) with two solvent

sureties each for the likesum to the satisfaction of the

Jurisdictional Court,

(ii) Petitioners shall appear before the investigating officer

in Crime No.870 of 2022 of Varkala Police Station, as and

when summoned to do so;

(iii) Petitioners shall not attempt to influence the defacto

complainant or interfere with the investigation or to influence

or intimidate any witness in Crime No.870 of 2022 of Varkala

Police Station,

(iv) Petitioners shall not involve in any other crime while on BAIL APPL. NO. 1011 OF 2022

bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.870 of 2022 of Varkala 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 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

R.AV