M.C. Kamarudheen vs State Of Kerala
2023 Latest Caselaw 7121 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                      BAIL APPL. NO. 2956 OF 2022
PETITIONER/S:

          M.C. KAMARUDHEEN
          AGED 65 YEARS
          KARMMA, EDACHAKKAI PO, CHERUVATHUR, KASARAGOD
          DISTRICT., PIN - 671310
          BY ADVS.
          S.S.ARAVIND
          M.V. AMARESAN


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
    2     ADDL.R2. ABDULLA PULUKKAN
          AGED 62 YEARS
          S/O. MOIDEENKUTTY, DHARUL SALAHEEN, POYIL P.O.,
          KORANPEEDIKA, KANNUR DISTRICT, PIN - 670502. IS
          IMPLEADED AS PER ORDER DATED 19-09-2022 IN
          CRL.M.A. NO.2/2022.
          BY ADVS.
          PUBLIC PROSECUTOR
          S.S.ARAVIND


OTHER PRESENT:

          SRI.B.S.SYAMANTAK, PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.06.2023,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                     -2-
B.A.No. 2956 of 2022



                            P.V.KUNHIKRISHNAN, J.
                           ======================================================

                                  B.A.No. 2956 of 2022
                        =============================================================

                       Dated this the 23rd day of June, 2023

                                              ORDER

The petitioner is the accused in Crime No.03/CB/KNR of

CBCID, Kannur. The above case is registered against the petitioner

for the offence punishable under Section 420 IPC. The prosecution

case is that the petitioner, being the chairman and the managing

director of a company, collected huge amount from the de facto

complainant and cheated the de facto complainant.

2. Heard the learned counsel for the petitioner and the Public

Prosecutor.

3. When this bail application came up for consideration, this

Court passed an order on 19.04.2022 to the effect that the petitioner

shall not be arrested. That order is in force even now. Today, when

the matter came up for consideration, the Public Prosecutor submitted

that several cases are pending against the petitioner with similar

allegation. It is also submitted that the petitioner was in custody for

some time in connection with another case. This bail application is

B.A.No. 2956 of 2022

pending before this Court from 2022 onwards. There was an interim

order also to the effect that the petitioner shall not be arrested. At this

distance of time, I am of the considered opinion that the custodial

interrogation may not be necessary. The petitioner can be directed to

surrender before the investigating officer, so that the investigating

officer can interrogate the petitioner, and thereafter, the petitioner can

be released on bail.

4. Moreover, it is a well accepted principle that, the bail is the

rule and the jail is the exception. The Hon'ble Supreme Court in

Chidambaram P. v. Directorate of Enforcement (2019 (16)

SCALE 870), after considering all the earlier judgments, observed

that, the basic jurisprudence relating to bail remains the same

inasmuch as the grant of bail is the rule and refusal is the exception so

as to ensure that, the accused has the opportunity of securing fair trial.

5. Considering the dictum laid down in the above decision and

considering the facts and circumstances of this case, this Bail

Application is allowed with the following directions:

B.A.No. 2956 of 2022

1. Petitioner shall appear before the Investigating Officer within

ten days from today and shall undergo interrogation;

2. After interrogation, if the Investigating Officer proposes to

arrest the petitioner, he shall be released on bail on executing a bond

for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two

solvent sureties each for the like sum to the satisfaction of the officer

concerned;

3. Petitioner shall appear before the Investigating Officer for

interrogation as and when required. The petitioner shall co-operate

with the investigation and shall not, directly or indirectly make any

inducement, threat or promise to any person acquainted with the facts

of the case so as to dissuade them from disclosing such facts to the

Court or to any police officer;

4. Petitioner shall not leave India without permission of the

jurisdictional Court;

B.A.No. 2956 of 2022

5. Petitioner shall not commit an offence similar to the offence

of which they are accused, or suspected, of the commission of which

they are suspected;

6. If any of the above conditions are violated by the petitioner,

the jurisdictional Court can cancel the bail in accordance to law, even

though the bail is granted by this Court.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

B.A.No. 2956 of 2022

APPENDIX OF BAIL APPL. 2956/2022

PETITIONER ANNEXURES Annexure -1 TRUE COPY OF FIS IN CRIME NO. 503/2021 REGISTERED BY PAYYANUR POLICE