K. Yoonus vs State Of Kerala
2023 Latest Caselaw 7137 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. 10092 OF 2022
PETITIONER/S:

         K. YOONUS, AGED 34 YEARS
         S/O ABDUL HAMEED, KANNANTHIODIKA HOUSE,
         KARUVARAKUNDU P.O, MALAPPURAM DISTRICT, PIN -
         676523
         BY ADVS.
         P.MOHAMED SABAH
         LIBIN STANLEY
         SAIPOOJA
         SADIK ISMAYIL
         R.GAYATHRI
         M.MAHIN HAMZA
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031
    2     THE STATION HOUSE OFFICER
          KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT,,
          PIN - 676503
    3     MUHAMMED MUSTHAFA
          S/O. KUNJIMUHAMMED, NETTICHADI HOUSE, MATTATHUR
          P.O, KOTTAKKAL, MALAPPURAM, AS PER ORDER DATED
          11/1/2023 IN CRL.MA. 1/2023
          BY ADVS.
          PUBLIC PROSECUTOR
          No Advocate
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. 10092 of 2022



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

                                  B.A.No. 10092 of 2022
                         =============================================================

                        Dated this the 23rd day of June, 2023

                                               ORDER

The petitioner is the accused in Crime No.734 of 2022 of

Kottakkal police station. The above case is registered against the

petitioner for the offence punishable under Section 420 read with 34

IPC.

2. The prosecution case is that by offering job at Malasia, the

petitioner and the other accused had obtained an amount of Rs.2 lakhs

from the de facto complainant and thereafter cheated the de facto

complainant and his friends.

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

Prosecutor.

4. The counsel for the petitioner reiterated the contentions

raised in this petition. The counsel also submitted that there is already

an interim order in this case not to arrest the petitioner and that is in

force. The petitioner is ready to co-operate with the investigation.

B.A.No. 10092 of 2022

The public prosecutor submitted that the petitioner cheated poor

people and he is not entitled any anticipatory bail. It is also submitted

that the petitioner tried to intimidate the witnesses.

5. This Court considered the contentions of the petitioner

and the public prosecutor. It is true true that the allegation against the

petitioner is very serious. But this bail application is pending before

this Court from 2022 onwards. There is an interim order not to arrest

the petitioner and that order is in force even now. At this distance of

time, I think this bail application need not be rejected. The bail

application can be allowed on stringent conditions.

6. 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.

B.A.No. 10092 of 2022

7. 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:

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;

B.A.No. 10092 of 2022

4. Petitioner shall not leave India without permission of the

jurisdictional Court;

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. The petitioner shall appear before the investigating officer on

all Mondays at 10 am till final report is filed.

7. 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. 10092 of 2022

APPENDIX OF BAIL APPL. 10092/2022

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 734/2022 OF KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT Annexure 2 TRUE COPY OF THE ORDER DATED 30.11.2022 IN CRL.M.C NO. 1258/2022 PASSED BY THE HONOURABLE COURT OF SESSIONS, MANJERI