Kerala High Court
Biju Joseph vs State Of Kerala on 21 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
BAIL APPL. NO. 11049 OF 2023
CRIME NO.2476/2023 OF KALAMASSERY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.1:
BIJU JOSEPH
AGED 48 YEARS, S/O. JOSEPH,
VILLA NO.40, KRISTAL GARNET,
KOLLAMKUDIMUGAL ROAD, MUNDAMPALAM,
THRIKKAKARA NORTH, ERNAKULAM., PIN - 682021
BY ADVS.
SALIM V.S.
SHANAVAS.S
A.M.FOUSI
A.B.AJIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. T.V. NEEMA, SR.PP &
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2023, ALONG WITH Bail Appl..11054/2023, 11065/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.11049, 11054, 11065 & 11066/2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
BAIL APPL. NO. 11054 OF 2023
CRIME NO.2497/2023 OF KALAMASSERY POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED NO.1:
BIJU JOSEPH
AGED 48 YEARS, S/O. JOSEPH,
VILLA NO.40, KRISTAL GARNET,
KOLLAMKUDIMUGAL ROAD MUNDAMPALAM,
THRIKKAKARA NORTH, ERNAKULAM., PIN - 682021
BY ADVS.
SALIM V.S.
SHANAVAS.S
A.M.FOUSI
A.B.AJIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. T.V. NEEMA, SR.PP &
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21.12.2023, ALONG WITH Bail Appl..11049/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.11049, 11054, 11065 & 11066/2023
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
BAIL APPL. NO. 11065 OF 2023
CRIME NO.2488/2023 OF KALAMASSERY POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED NO.1:
BIJU JOSEPH
AGED 48 YEARS, S/O. JOSEPH,
VILLA NO.40, KRISTAL GARNET,
KOLLAMKUDIMUGAL ROAD, MUNDAMPALAM,
THRIKKAKARA NORTH,
ERNAKULAM., PIN - 682021
BY ADVS.
SALIM V.S.
SHANAVAS.S
A.M.FOUSI
A.B.AJIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. T.V. NEEMA, SR.PP &
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21.12.2023, ALONG WITH Bail Appl..11049/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.11049, 11054, 11065 & 11066/2023
..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
BAIL APPL. NO. 11066 OF 2023
CRIME NO.2495/2023 OF KALAMASSERY POLICE STATION,
ERNAKULAM
PETITIONER/ACCUSED NO.1:
BIJU JOSEPH
AGED 48 YEARS, S/O. JOSEPH,
VILLA NO.40, KRISTAL GARNET,
KOLLAMKUDIMUGAL ROAD MUNDAMPALAM,
THRIKKAKARA NORTH,
ERNAKULAM., PIN - 682021
BY ADVS.
SALIM V.S.
SHANAVAS.S
A.M.FOUSI
A.B.AJIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. T.V. NEEMA, SR.PP &
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21.12.2023, ALONG WITH Bail Appl..11049/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.Nos.11049, 11054, 11065 & 11066/2023
..5..
MOHAMMED NIAS C.P., J.
---------------------
B.A.Nos. 11049, 11054, 11065 & 11066 of 2023
---------------------------
Dated this the 21st day of December, 2023
ORDER
B.A.Nos. 11049, 11054, 11065 & 11066 of 2023 are filed under
Section 439 of the Code of Criminal Procedure, by the petitioner seeking
regular bail in respective Crime Nos.2476, 2497, 2488 & 2495 of 2023 of
Kalamassery Police Station for offences punishable under Sections 406,
420 r/w 34 of the Indian Penal Code and Section 10 r/w 24 of the
Emigration Act. The petitioner is accused No.1 in all these cases.
2. The prosecution case is that with an intention to obtain
unlawful gain, the petitioner who is the Managing Director of an
establishment named 'INNOVIX STUDY ABROAD PRIVATE LTD' and
accused No.2, who is an employee of the said establishment received
huge amounts from the defacto complainant with a false promise of
arranging work permit at Poland. It is further alleged that the Defacto
Complainant was induced to sign the agreement, promising to arrange a
work permit without holding a valid license and failed to fulfil the
promise. Thereafter, the 3rd accused promised to arrange a work permit to
B.A.Nos.11049, 11054, 11065 & 11066/2023
..6..
New Zealand and also failed to do so and thereby committed the offences.
3. The learned senior counsel appearing for the petitioner
would say that the petitioner is innocent and falsely implicated with
ulterior motives.
4. The learned Public Prosecutor opposed the petition and
pointed out that the petitioner is not entitled to bail.
In these cases, it is seen that the entire amount allegedly taken from
the defacto complainant has been repaid and the same is seen from the
affidavit filed as Annexure A8 in all these bail applications. This is
recorded. The learned Senior Counsel for the petitioner also submits that
his client is willing to settle the entire dues within six months after his
release and that there are no other antecedents apart from this batch of
cases against the petitioner. As there is no apprehension raised by the
prosecution that if released on bail, the petitioner is likely to abscond, I
am inclined to grant regular bail.
Accordingly, this application is allowed, and the petitioner is
granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond
for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the jurisdictional court;
B.A.Nos.11049, 11054, 11065 & 11066/2023
..7..
(ii) The petitioner shall report before the Investigating Officer as
and when directed.
(iii) The petitioner shall not tamper or attempt to tamper with the
evidence or influence or try to influence the witnesses.
(iv) The petitioner shall not be involved in any other crime while
on bail or leave India without the prior permission of the Court
concerned.
(v) If any of the conditions are violated, the court concerned will
be empowered to take steps for cancellation of bail as per law;
It is made clear that it is within the power of 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 [2021 (1) KHC 663].
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
