Redhuraj A R vs State Of Kerala
2023 Latest Caselaw 132 Ker

Citation : 2023 Latest Caselaw 132 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Redhuraj A R 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. 10586 OF 2022


PETITIONER/ACCUSED NO.2:

         REDHURAJ A R
         AGED 47 YEARS
         S/O. RAJAGOPAL
         ARAMAM BUNGLOW, KADAPPA,
         MYNAGAPPALLY, KOLLAM - 690519, PIN - 690519

         BY ADVS.
         SRUTHY K.K
         P.VIJAYA BHANU (SR.)
         P.M.RAFIQ
         M.REVIKRISHNAN
         AJEESH K.SASI
         SRUTHY N. BHAT
         RAHUL SUNIL
         NIKITA J. MENDEZ


RESPONDENT/STATE:

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



OTHER PRESENT:

         PP:SEETHA S


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.01.2023,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A. No.10586 of 2022             2

                   VIJU ABRAHAM, J.
                 -------------------
                B.A. No.10586 of 2022
            -----------------------------
       Dated this the 6th day of January, 2023

                                ORDER

Application for anticipatory bail.

2. Petitioner is the 2nd accused in Crime No.1008

of 2022 of Kollam East Police Station, Kollam

registered alleging commission of offences

punishable under Sections 468, 471, 420 and 34 of

IPC.

3. The prosecution allegation is that, the

applicant being the previous Chief Cashier of Kollam

Corporation, who was in charge of the Custody of

Term Deposit Receipts submitted by various

contractors in the Corporation, in furtherance of

the common intention with other accused in the above

Crime, released the FD receipts in the names of the

Contractors who are arrayed as accused Nos. 3 to 5

in the above Crime, by forging signature of the

Superintending Engineer in the receipts together

with releasing notes and the amounts released by the

Contractors in the treasury during the period

between 26-04-2021 and 02-08- 2022. Thereby, the

applicant and others cheated the Corporation and

caused pecuniary loss to the Corporation by forging

the documents and thus the petitioner has committed

the above said offences.

4. The petitioner submits that he has not

committed the said offences as alleged. In fact the

petitioner was not working in the Section concerned

of the Corporation at the relevant point of time.

As regards the prosecution allegation, the amount

was released on 26.4.2021 and 2.8.2022. In fact the

petitioner was transferred from the office on

17.2.2021. Learned senior counsel for the petitioner

submits that the contractor who is arrayed as 3 rd

accused has already been granted anticipatory bail

by the Sessions Court as per Annexure-4 order.

5. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail mainly contending that the

signature and seal of the Superintending Engineer,

Kollam Corporation was forged and fake releasing

notices were produced at District Treasury, Kollam

as genuine and subsequently, the 3rd accused

withdraw an amount of Rs.7,000/-. Learned Public

Prosecutor further submitted that the petitioner

has no other criminal antecedents.

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 petitioner, but on

stringent conditions. The above bail application is

allowed with the following directions. The

petitioner shall surrender before the investigating

officer on 12.01.2023 and make himself available for

interrogation on that day or on any other day/days

and time as directed by the investigating officer.

The petitioner shall co-operate with the

investigation. In the event of arrest of the

petitioner in Crime No.1008 of 2022 of

Kollam East Police Station, he shall be produced

before the jurisdictional Court on the same day and

be released on bail on the following conditions:

(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.1008 of 2022 of Kollam East 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 petitioner shall not tamper with any evidence;

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