Kerala High Court
Rajesh vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
BAIL APPL. NO. 8748 OF 2022
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 RAJESH
AGED 49 YEARS
S/O RAGHAVAN , MUTHIRAMALIL HOUSE, ALLAPRA P.0.,
PERUMBAVOOR,VENGOLA VILLAGE,ERNAKULAM DISTRICT., PIN -
683556
2 AKSHAY RAJESH
AGED 49 YEARS
S/O RAJESH AGED 21, AGED 49YEARS, MUTHIRAMALIL
HOUSE, AIIAPRA P.0., PERUMBAVOOR , VENGOLA VILLAGE ,
ERNAKULAM DISTRICT., PIN - 683556
3 AKSHARA
AGED 23 YEARS
D/O RAJESH, MUTHIRAMALIL HOUSE, ALLAPRA P.O.,
PERUMBAVOOR,VENGOLA VIHAGE,ERNAKULAM DISTRICT., PIN -
683556
BY ADVS.
P.V.ELIAS
M.M.ALIKUNJU
ALBIN VARGHESE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA
ERNAKULAM ., PIN - 682031
BY SMT.NIMA JACOB (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 8748 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 8748 of 2022
============================
Dated this the 17th day of January, 2023
ORDER
Application for anticipatory bail.
2. Petitioners are accused Nos. 1 to 3 in Crime No. 382/2022
of Cheruthuruthy Police Station, Thrissur District alleging
commission of offences punishable under Section 420 read with
Section 34 of the Indian Penal Code.
3. The prosecution allegation is that, on a promise for
employment in Europe, the petitioners had collected amounts
from the defacto complainant and his friends and thereby cheated
them.
4. The petitioners submitted that they have been falsely
implicated in the above said crime. In fact, no amount was paid by
the defacto complainant. The only job of the petitioners is to
process visa and they have arranged visa for the defacto
complainant to Dubai and he went to Dubai also. Thereafter he
was returned back on his own. The learned Counsel for the
petitioners submitted that 1st petitioner is the father of petitioners
2 and 3 and the petitioners 2 and 3 are falsely implicated in the
above said crime only to pressurise for a settlement.
5. The learned Public Prosecutor opposed the application for
bail mainly contending that Rs. 7 lakh was received from the
defacto complainant and similar amounts were also received from
his friends. The amounts have been paid into the account of all
the petitioners herein. The learned Public Prosecutor further
submitted that the 1st accused who is the 1 st petitioner herein has
started another firm for recruitment abroad and as of now a
petition has been received against him from one Jishnu.
6. Since the 'Snehatheeram Placement and Employment
Service' is run by the 1st petitioner and also taking into
consideration the fact that subsequent complaints were also filed
against him, I am not inclined to grant bail to the 1 st petitioner.
Therefore the bail application of the 1st petitioner is dismissed.
Accordingly the 1st petitioner shall surrender before the
investigating officer in Crime No. 382/2022 of Cheruthuruthy
Police Station. In the event of arrest of the 1st petitioner in Crime
No. 382/2022 of Cheruthuruthy Police Station, he shall be
produced before the Jurisdictional Magistrate on the very same
day. If an application is moved with prior notice to the learned
Public Prosecutor, the same shall be considered and disposed by
the Jurisdictional Magistrate preferebly on the same day.
7. As regards the petitioners 2 and 3 are concerned, I am
inclined to grant anticipatory bail to them.
In the result, the bail application of the petitioners 2 and 3
are allowed. Accordingly they shall surrender before the
Investigating Officer on 20.01.2023 and make themselves
available for interrogation on that day or on any other day/days
(between 9 AM and 6 PM) as directed by the investigating officer.
They shall co-operate with the investigation. In the event of their
arrest in Crime No. 382/2022 of Cheruthuruthy Police Station, they
shall be produced before the jurisdictional Magistrate on the same
day and be released on bail on the following conditions:
(i) They shall execute a bond for sum of Rs.50,000/-
(Rupees fifty thousand only) each with two solvent
sureties each for the like sum to the satisfaction of
the jurisdictional Court;
(ii) They shall appear before the investigating officer in
Crime No. 382/2022 of Cheruthuruthy Police Station
as and when required and they shall co-operate with
the investigation;
(iii) They shall not tamper with any evidence;
(iv) They shall not directly or indirectly make any
inducement, threat or promise to any witness
acquainted them from disclosing such facts to the
court or to any police officer;
(v) They shall not involve in any other crime while on
bail.
If any of the aforesaid conditions are violated, the
Investigating Officer in Crime No. 382/2022 of Cheruthuruthy
Police Station, may file an application before the jurisdictional
court for cancellation of their 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 petitioners 2 and 3 even
when they 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
sbk/-
