Arun Joy vs State Of Kerala
2023 Latest Caselaw 13732 Ker

Citation : 2023 Latest Caselaw 13732 Ker
Judgement Date : 26 December, 2023

Kerala High Court

Arun Joy vs State Of Kerala on 26 December, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
         TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945
                       BAIL APPL. NO. 11465 OF 2023
          CRIME NO.957/2023 OF Erumeli Police Station, Kottayam
    AGAINST THE ORDER/JUDGMENT CRMP 3480/2023 OF DISTRICT COURT &
                          SESSIONS COURT,KOTTAYAM
PETITIONER/ACCUSED:

              ARUN JOY
              AGED 35 YEARS
              S/O JOY, 3-A COTTAGE, PALLIKKARA,
              PATHANAMTHITTA, PIN - 689101

              BY ADV DEEPAK TWINKLE SANAL


RESPONDENT(S)/RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA. ERNAKULAM., PIN - 682031

     2        STATION HOUSE OFFICER
              ERUMELI POLICE STATION, KOTTAYAM., PIN - 686509

     3        BIBIN PHILIP
              S/O PHILIP VARGHEESE, THAREMALAYIL HOUSE, ERUMELI,
              KOTTAYAM., PIN - 686509



              SMT. SEETHA. S, SR.PP


     THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 11465 OF 2023
                                 2



                      P.G. AJITHKUMAR, J.
                   -------------------------------
                      B.A.No. 11465 of 2023
      --------------------------------------------------------
          Dated this the 26th day of December, 2023

                            ORDER

This is an application for anticipatory bail filed under Section

438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the sole accused in crime No.957 of

2023 of Erumeli Police Station. The offences alleged against the

petitioner are punishable under Sections 420 and 406 of the IPC.

3. The prosecution case is that promising to secure a job

Visa in New Zealand, the petitioner had caused the defacto

complainant and his friend to transfer funds worth Rs.18,00,000/-

by way of transferring Rs.17.5 lakhs to the account bearing

No.017607518316190001 of the petitioner with the Thodupuzha

branch of Catholic Syrian Bank and Rs.50,000/- by direct payment

during the period from 01.02.2023 and 15.06.2023. Despite

receiving the money, the petitioner did not provide Visa as assured

and thus he had cheated the defacto complainant and his friend. BAIL APPL. NO. 11465 OF 2023

He did not repay the amount also.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

5. The learned counsel for the petitioner would contend

that petitioner as per the assurance provided VISA and on a

misconception only a complaint was lodged against him. It is

further submitted that the learned Sessions Judge after

considering the entire materials on record observed that the arrest

and detention of the petitioner was unnecessary for the purpose of

investigation into the matter. However, for untenable reasons the

petition for anticipatory bail was dismissed. It is his contention that

considering the nature of the offences alleged against him, his

custodial interrogation is absolutely unnecessary.

6. The learned Public Prosecutor, on the other hand, would

contend that the petitioner has actively involved in the commission

of the offence and as such, his custodial interrogation is absolutely

necessary. Therefore, the application is liable only to be dismissed.

7. Considering the whole circumstances of the alleged act

of offence in the light of the materials on record, I am of the view BAIL APPL. NO. 11465 OF 2023

that custodial interrogation of the petitioner is appeared

unnecessary. Hence, he can be granted anticipatory bail on strict

conditions.

9. In the result, this bail application is allowed and the

petitioner is directed to surrender before the investigating officer

within two weeks. After interrogation and in the event of his being

arrested, he shall be released on bail on the execution of a bond

for Rs.50,000/- (Rupees fifty thousand only), with two solvent

sureties for the like amount each, to the satisfaction of the

investigating officer, and on the following conditions:

(i) He shall appear before the Investigating Officer on every Tuesday and Friday for a period of three months or till the final report is filed, whichever is earlier;

(ii) He shall not leave the limits of the jurisdictional court without prior permission of the Magistrate until further orders;

(iii) He shall not go abroad without the permission of the jurisdictional Court and shall surrender his passport before the investigating officer, and in case he does not have a passport, he shall file an affidavit to that BAIL APPL. NO. 11465 OF 2023

effect;