Shijo P.K vs State Of Kerala
2023 Latest Caselaw 129 Ker

Citation : 2023 Latest Caselaw 129 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Shijo P.K vs State Of Kerala on 6 January, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                         BAIL APPL. NO. 10623 OF 2022
PETITIONERS/ACCUSED NOS.2 & 3:

     1       SHIJO P.K.,AGED 43 YEARS
             S/O C.U.KURIAKOSE,PUNNAMTHANATHU,
             MALAM P.O.,MANARCAUDU,KOTTAYAM686 019.
             AREA MANAGER,M/S CHOLAMANDALAM INVESTMENT AND FINANCE
             COMPANY PVT.LTD.,PALAI BRANCH, PIN - 686575

     2       SIVAKUMAR A.N,AGED 49 YEARS
             S/O A.K.NARAYANAN NAIR,EDALLUMALIL,
             NATTASSERI,S.H.MOUNT P.O.,VIJAYAPURAM,KOTTAYAM
             BRANCH MANAGER,M/S CHOLAMANDALAM INVESTMENT AND FINANCE
             COMPANY PVT.LTD.,PALAI BRANCH., PIN - 686575

             BY ADVS.
             BINOY VASUDEVAN
             SREEJITH SREENATH


RESPONDENTS/STATE:

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

     2       THE STATION HOUSE OFFICER
             PALAI POLICE STATION,
             PALAI P.O.,
             KOTTAYAM DISTRICT, PIN - 686575


OTHER PRESENT:

             PP -M.C.ASHI


     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.10623 of 2022                    2

                 VIJU ABRAHAM, J.
               -------------------
              B.A. No.10623 of 2022
           ----------------------------
     Dated this the 6th day of January, 2023

                                 ORDER

Application for anticipatory bail.

2. Petitioners are accused Nos.2 & 3 in Crime

No.3625 of 2022 of Palai Police Station, Kottayam

registered alleging commission of offences

punishable under Sections 406, 420 and 34 of IPC.

3. The prosecution allegation is that, the

petitioners are the Area Collection Manager and

Branch Manager respectively of M/s.Cholamandalam

Investment and Finance Company Pvt. Ltd attached to

its Pala Branch. It is submitted that the company

is a public limited one and is a Non-banking finance

company having its Head Quarters at Chennai and

branches all over Kerala. The Company is conducting

business strictly in accordance with the license

issued by the Reserve Bank of India.

4. The petitioners submit that they are totally

innocent of the charges levelled against them. The

1st accused entered into an agreement for sale of the

vehicle with the defacto complainant. The defacto

complainant has later on paid the amount in full and

settled the due amounts with the company.

Petitioners submit that they have been falsely

implicated in the above said crime.

5. Heard the learned counsel for the petitioners

and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail mainly contending that after

settling the whole amount the financial company has

not returned back the vehicle to the defacto

complainant. The learned counsel for the

petitioners would submit that the loan agreement

was with the 1st accused and they cannot release the

said vehicle to the defacto complainant.

Having regard to the facts and circumstances of

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

opinion that custodial interrogation is not required

for the purpose of investigation and only a limited

custody be granted for the same. I am inclined to

grant anticipatory bail to the petitioners, but on

stringent conditions. The above bail application is

allowed with the following directions. The

petitioners shall surrender before the investigating

officer on 12.01.2023 and make themselves available

for interrogation. The petitioners shall co-operate

with the investigation. In the event of arrest of

the petitioners in Crime No.3625 of 2022 of

Palai Police Station, they shall be produced before

the jurisdictional Court on the same day and be

released on bail on the following conditions:

(i) The petitioners 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) The petitioners shall appear before the investigating officer in Crime No.3625 of 2022 of Palai Police Station, on every Saturday at 11 am, till the final report is filed and also appear as and when summoned to do so;

(iii) The petitioners shall not tamper with any evidence;

(iv) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with them from disclosing such facts to the court or to any police officer;