Kerala High Court
Chippy Sajeev vs The 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. 5786 OF 2022
CRIME NO.647/2022 OF ANCHALUMMOODU POLICE STATION, KOLLAM
PETITIONER/2ND ACCUSED:
CHIPPY SAJEEV, AGED 29 YEARS, PARAMBIL VEEDU, KUREEPUZHA,
KAVANAD PO, KOLLAM WEST VILLAGE,
KOLLAM TALUK, KOLLAM., PIN - 691003
BY ADVS.
C.R.JAYAKUMAR
NOBEL RAJU
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER, ANCHALUMMOODU POLICE STATION,
KOLLAM DISTRICT., PIN - 691601
BY ADV
SMT.SEETHA.S -SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.01.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.5786 of 2022
.. 2 ..
VIJU ABRAHAM, J.
===========
B.A. No.5786 of 2022
============
Dated this the 06th day of January, 2023
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 2nd accused in Crime
No.647/2022 of Anchalummoodu Police Station, Kollam alleging
commission of offences punishable under Sections 420 r/w 34 of
the Indian Penal Code.
3. The prosecution allegation is that, the accused were
working as the contract staff of Panayam Grama Panchayat
under the Mahatma Gandhi National Rural Employment
Guarantee Scheme, Kerala, during the period of 2019 - 2020.
While implementing the assigned projects like construction of
compost pit, cattle shed, etc., the accused collected around
Rs.11,00,000/- from various consumers without preparing bills
and details and not returned the cash to the consumers.
Thereby the accused have committed the aforesaid offences.
4. The learned counsel for the petitioner submitted that
she has been falsely implicated in the above said crime and she
was working as a contract employee of the Panayam Grama
BA No.5786 of 2022
.. 3 ..
Panchayat, there occured some dispute with a Panchayat
Member, when she refused to do some unlawful work requested
by him. Thereafter, Anx.A5 - complaint was preferred by the
petitioner before the Commissioner of Police, Kollam. Due to the
said enmity, the petitioner was terminated from service as per
Anx.A9 - order and she has approached this Court by filing
WP(c) No.22194/2022 challenging Anx.A9 - order and this Court
was pleased to pass an interim order directing the defacto
complainant to re-instate the petitioner in service. Thereafter,
the petitioner joined service on 13.07.2022. It is only thereafter,
the present crime has been registered. The learned counsel for
the petitioner further submitted that she is a pregnant lady and
she has no other criminal antecedents and further that she is
ready and willing to fully co-operate with the investigation.
5. The learned Public Prosecutor upon instructions
submitted that the allegations against the petitioner is that she
has collected an amount of Rs.11,00,000/- from various
consumers in Mahatma Gandhi National Rural Employment
Guarantee Scheme, and they were not benefited by the said
scheme and thereafter, they filed complaints before the
Panchayat authorities and thereupon the Secretary has preferred
a complaint, based on which, the present crime has been
BA No.5786 of 2022
.. 4 ..
registered.
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 may not be required for the
purpose of the investigation and only a limited custody be
granted for the same. In the result, this application is allowed.
It is directed that the petitioner shall surrender before the
investigating officer on 12.01.2023, at 11 a.m, and subject
herself for interrogation on that day and on any other day/days
as directed by the investigating officer. The petitioner shall also
co-operate with the investigation. In the event of arrest of the
petitioner in Crime No.647/2022 of Anchalummoodu Police
Station, Kollam, she shall be produced before the jurisdictional
Court on the very same day and shall be released on bail,
subject to the following conditions:-
(i) Petitioner shall execute a bond for a 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.647/2022 of
Anchalummoodu Police Station, Kollam, as and
BA No.5786 of 2022
.. 5 ..
when summoned to do so;
(iv) The petitioner 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.647/2022 of Anchalummoodu
Police Station, Kollam;
(v) The petitioner shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.647/2022 of Anchalummoodu
Police Station, Kollam 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 the petitioner, even when the
petitioner is 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
ded/06.01.2023
