Ananthakrishnan vs State Of Kerala
2023 Latest Caselaw 93 Ker

Citation : 2023 Latest Caselaw 93 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Ananthakrishnan 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. 9990 OF 2022
 Crime No.935/2022 of Mavelikkara Police Station, Alappuzha
                               District
PETITIONER/ACCUSED:

             ANANTHAKRISHNAN
             AGED 21 YEARS
             S/O. SATHYAPALAN PILLAI,
             AYYAPPABHAVANAM, EREZHA SOUTH,
             CHETTIKULANGARA, MAVELIKKARA
             PIN - 690106
             BY ADVS.
             ANJANA S.
             RINNY STEPHEN CHAMAPARAMPIL
             ASHA ELIZABETH MATHEW

RESPONDENT/STATE:

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

             PP - SMT. NIMA JACOB


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.01.2023,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A. No.9990 of 2022                 :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.9990 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 6th day of January, 2023

                                     ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.2 in Crime No.935/2022 of

Mavelikkara Police Station, Alappuzha District, alleging

commission of offences punishable under Sections 465, 468, 471

and 428 r/w Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, in the presence of the

petitioner and the 3rd accused, the 1st accused received an amount

of Rs.3,62,500/- from the defacto complainant, promising his son a

job as Devaswom Board Attender and the defacto complainant has

been cheated by not giving his son the job after receiving the

money.

4 .The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. It is

also submitted that the petitioner has absolutely no involvement in

the alleged crime.

5. When the matter came up for consideration on 22.12.2022,

this Court has directed the petitioner to appear before the

investigating officer and subject himself for interrogation as

directed by the investigating officer. When the matter was taken

up for consideration today, the learned Public Prosecutor upon

instructions submitted that the petitioner has appeared before the

investigating officer and fully co-operated with the investigation.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations and taking note of the

fact that the petitioner has fully co-operated with the investigation,

I am of the opinion that custodial interrogation of the petitioner

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 petitioner subject to stringent conditions. 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 himself for interrogation on that day and on

any other day/days as directed by the investigating officer. The

petitioner shall co-operate with the investigation. In the event of

arrest in Crime No.935/2022 of Mavelikkara Police Station,

Alappuzha District, he 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.935/2022 of

Mavelikkara Police Station, Alappuzha District , on

every Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.935/2022 of Mavelikkara Police

Station, Alappuzha District as and 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.935/2022 of Mavelikkara Police

Station, Alappuzha District;