Kerala High Court
R Kishor vs State Of Kerala on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
BAIL APPL. NO. 454 OF 2023
Crime No.1531/2022 of Fort Police Station, Thiruvananthapuram
PETITIONER/ACCUSED:
1 R KISHOR
AGED 30 YEARS
[email protected] VETTUVILA VEEDU,
AVADUTHURA, NEAR KOVALAM POLICE STATION
KOVALAM, THIRUVANANTHAPURAM, PIN - 695527
2 SHOBHA
AGED 46 YEARS
[email protected] VETTUVILA VEEDU,
AVADUTHURA, NEAR KOVALAM POLICE STATION
KOVALAM, THIRUVANANTHAPURAM, PIN - 695527
3 K ASHOKAN
AGED 60 YEARS
[email protected] VETTUVILA VEEDU,
AVADUTHURA, NEAR KOVALAM POLICE STATION
KOVALAM, THIRUVANANTHAPURAM, PIN - 695527
BY ADV M.R.SARIN
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
FORT POLICE STATION,
THIRUVANANTHAPURAM., PIN - 695524
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PP: SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.454 of 2023 :2:
VIJU ABRAHAM, J.
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B.A. No.454 of 2023
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Dated this the 18th day of January, 2023
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos. 1 to 3 in Crime
No.1531/2022 of Fort Police Station, Thiruvananthapuram, alleging
commission of offence punishable under Section 420 r/w Section
34 of the Indian Penal Code. The 1 st petitioner is son-in-law of the
2nd and 3rd petitioners.
3. The prosecution allegation is that, with the intention to
cause unjust loss to the defacto complainant and unjust profit to
the accused persons, accused Nos. 1 to 3 came to Amaravathi
house where the defacto complainant was staying, and tricked the
defacto complainant by saying that the accused persons are in
need of Rs.18,00,000 for the purpose of the marriage of the 1 st
accused. On 18/11/2020 and 22/01/2021 accused Nos. 1 to 3 came
to the Amaravathi house in pazhavangadi, where the defacto
complainant was staying and received Rs.18,00,000 from the
defacto complainant. When the defacto complainant asked for a
cheque or promissory note for the amount received by the accused
persons, they said that they will sell their property and return the
money within three months. Accused Nos. 1 to 3 cheated the
defacto complainant by not providing any security for the amount
received by them. On 15/12/2020 to conduct the posthumous rites
of the defacto complainant's wife, the 1 st accused pledged two gold
necklaces weighing 2 sovereigns each and two gold bangles
weighing 1 sovereigns each given to him by the defacto
complainant. The defacto complainant gave money to accused no.1
to take back the pledged gold ornaments, and the defacto
complainant was cheated and defrauded by accused no.1 by not
taking back the pledged gold ornaments and also by not refunding
the amount.
4 .The learned counsel for the petitioners submitted that they
have been falsely implicated in the above said crime. It is also
submitted that the present complaint was registered only in the
year 2022 and the allegation in the said complaint is that the
petitioners received an amount of Rs.18,00,000/- from the defacto
complainant in the year 2020, but the same was not returned back.
It is further submitted that a legal notice was issued to the 1 st
petitioner as annexure A3 and to which Annexure A4 reply was also
filed. It is also submitted that the allegations against the petitioners
are purely of a civil nature.
5. Heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the case
and considering the nature of the allegations, I am of the opinion
that custodial interrogation of the petitioners may not be required
for the purpose of investigation and only a limited custody be
granted for the same. Therefore, I am inclined to grant bail to the
petitioners subject to stringent conditions. In the result, this
application is allowed. It is directed that the petitioners shall
surrender before the investigating officer on 23.01.2023, at 11
a.m, and subject themselves for interrogation on that day and on
any other day/days (in between 9 am and 6 pm) as directed by the
investigating officer. The petitioners shall co-operate with the
investigation. In the event of arrest in Crime No.1531/2022 of Fort
Police Station, Thiruvananthapuram, they shall be produced before
the jurisdictional Court on the very same day and 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)each with two
solvent sureties each for the like-sum to the
satisfaction of the jurisdictional court ;
(ii) The petitioners shall appear before the
investigating officer in Crime No.1531/2022 of Fort
Police Station, Thiruvananthapuram, on every
Saturday, at 11 am, for a period of one month;
(iii) Petitioners shall appear before the investigating
officer in Crime No.1531/2022 of Fort Police Station,
Thiruvananthapuram as and when summoned to do
so;
(iv) The petitioners 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.1531/2022 of Fort Police Station,
Thiruvananthapuram;
(v) The petitioners shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.1531/2022 of Fort Police Station,
Thiruvananthapuram 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 any of 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
sm/
