Akshay N. S vs State Of Kerala
2023 Latest Caselaw 1380 Ker

Citation : 2023 Latest Caselaw 1380 Ker
Judgement Date : 20 January, 2023

Kerala High Court

Akshay N. S vs State Of Kerala on 20 January, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                         BAIL APPL. NO. 10606 OF 2022
          CRIME NO.1868/2022 OF VAIKOM POLICE STATION, KOTTAYAM
PETITIONER/3RD ACCUSED:

             AKSHAY N. S
             AGED 25 YEARS
             AKSHAY N S, S/O SHAJI, NANDANKERICHIRA HOUSE,
             EDATTUCHIRA, KARAPUZHA P.O, KOTTAYAM, KOTTAYAM DISTRICT.,
             PIN - 686003

             BY ADVS.
             TOM JOSE (PADINJAREKARA)
             SUNNY JOSEPH
             K.T.SEBASTIAN



RESPONDENTS/STATE:

     1       STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULUM. PIN ; 682031, PIN -
             682031

     2       S H O, VAIKOM POLICE STATION, KOTTAYAM DIST. , PIN -
             686141


     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.10606 of 2022               2

                   VIJU ABRAHAM, J.
                 -------------------
                B.A. No.10606 of 2022
            -----------------------------
      Dated this the 20th day of January, 2023

                              ORDER

Application for anticipatory bail.

2. Petitioner is the 3rd accused in Crime No.1868

of 2022 of Vaikom Police Station, Kottayam District

registered alleging commission of offences

punishable under Sections 420 and 406 r/w Section 34

of IPC.

3. The prosecution allegation is that, by giving

false promise of securing employment to the son of

the defacto complainant in Bamboo Corporation,

Angamaly, accused Nos.1 to 3 received a sum of

Rs.5,80,000/- by way of account transfer on various

dates during the period from 16.10.2020 to 2.2.2022

and they had withdrawn from the promise and

thereafter cheated the defacto complainant. The

allegation against the petitioner is that an amount

of Rs.1,60,000/- was transferred to the account of

the petitioner by the defacto complainant's brother

Rajendran on 28.02.2021.

4. The petitioner submits that his cousin one

Bineesh, who is the 1st accused in the above said

crime had approached the petitioner and demanded

his account number in City Union Bank, Kottayam

branch for depositing some of the amount of his

employees to the account of the petitioner for

accounting purpose. The amount received by the

petitioner from the account of Bineesh and persons

named by him was credited to the petitioner's

account during the period from 15.09.2020 to July,

2021. The entire amount received by the petitioner

was transferred through bank transfer and Google Pay

to accused No.1, Bineesh and another person named by

him. On a similar allegation the petitioner was

arrayed as an accused in another crime in which

also the petitioner was granted anticipatory bail by

the Sessions Court, Kottayam as per Annexure-3

order. The petitioner submits that he has been

falsely implicated in the above said crime and to

substantiate his contention, he handed over a bank

statement of his account which shows that a total

amount of Rs.1,50,000/- transferred to his account

on 27.1.2021 and on 28.02.2021 and thereafter, he

has transferred an amount of Rs.1,00,000/- to one

Arunkumar who was named by the 1st accused and

further that through Google Pay account a total

amount of Rs.50,000/- was also transferred to the 1st

accused.

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 amounts

were transferred to the account of the petitioner

also.

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

conditions. The above bail application is allowed

with the following directions. The petitioner shall

surrender before the investigating officer on

24.01.2023 and make himself available for

interrogation on that day or on any other day/days

(in between 9 am & 6 pm) 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.1868 of 2022 of

Vaikom Police Station, he shall be produced before

the jurisdictional Magistrate 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.1868 of 2022 of Vaikom Police Station, on every Saturday at 11 am, for a period of one month;

(iii) The petitioner shall appear before the investigating officer as and when summoned to do so for the purpose of investigation;

(iv) The petitioner shall not tamper with any evidence;

(v) 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;