Kerala High Court
Ramesh @ Gautam Ramesh vs State Of Kerala on 28 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945
BAIL APPL. NO. 9940 OF 2023
CRIME NO.253/2022 OF KOLLAM EAST POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CMP 4630/2023 OF CHIEF JUDICIAL
MAGISTRATE, KOLLAM
CRMC 1765/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED NO.2:
RAMESH @ GAUTAM RAMESH,
AGED 32 YEARS
S/O.GOVINDHASWAMI,
3/164, PONNAKANNI, EDAYARPALAYAM (PO),
SULUR, PAPAMPATTI, COIMBATORE,
TAMILNADU, PIN - 642025
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
KOLLAM EAST POLICE STATION,
KOLLAM, PIN - 691001
M C ASHI PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.11.2023, ALONG WITH Bail Appl.No.9941/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9940 & 9941/2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 28TH DAY OF NOVEMBER 2023/7TH AGRAHAYANA, 1945
BAIL APPL. NO. 9941 OF 2023
CRIME NO.254/2022 OF KOLLAM EAST POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CMP 4631/2023 OF CHIEF
JUDICIAL MAGISTRATE ,KOLLAM
CRMC 1766/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED NO.2:
RAMESH @ GAUTAM RAMESH,
AGED 39 YEARS
S/O.GOVINDHASWAMI,
3/164, PONNAKANNI, EDAYARPALAYAM (PO),
SULUR, PAPAMPATTI, COIMBATORE,
TAMILNADU, PIN - 641 025
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER,
KOLLAM EAST POLICE STATION,
KOLLAM, PIN - 691001
M C ASHI PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28.11.2023, ALONG WITH Bail Appl.No.9940/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.9940 & 9941/2023
..3..
MOHAMMED NIAS C.P., J.
---------------------
B.A.Nos. 9940 & 9941/2023
---------------------------
Dated this the 28th day of November, 2023
ORDER
These applications are filed under Section 439 of the Code of
Criminal Procedure, seeking regular bail.
2. B.A.No.9940/2023. The petitioner is the 2nd accused in
Crime No.253/2022 of Kollam East Police Station, Kollam District, for
having allegedly committed offences punishable under Sections 420,
120B, 114 read with Section 34 of the Indian Penal Code.
3. The crime is registered on the basis of a complaint filed by
Mable.G. Alleging that in the month of January 2019, seeing an online
advertisement given by the petitioner that he is running a firm by the
name M/s. Universal Trading Solutions, and that on investing amount in
the said firm, the amount will be repaid in double within 10 months. On
contacting the petitioner over the phone and on the basis of the assurance
given by him, the defacto complainant on 11/3/2019 transferred a sum of
Rs.5 lakhs to the account of the 1st accused and thereby committed the
aforesaid offence by not giving him the amounts as assured.
B.A.Nos.9940 & 9941/2023
..4..
4. B.A.No.9941/2023. The petitioner is the 2nd accused in
Crime No.254/2022 of Kollam East Police Station, Kollam District, for
having allegedly committed offences punishable under Sections 420,
120B, 114 read with Section 34 of the Indian Penal Code.
5. The crime is registered on the basis of a complaint filed by
Mr Solomon alleging that in the month of January, 2019, seeing an online
advertisement given by the petitioner that he is running a firm by name
M/s. Universal Trading Solutions, and that on investing amount in the
said firm, the amount will be repaid in double within 10 months. On
contacting the petitioner over phone and on the basis of the assurance
given by him, the defacto complainant on 11/3/2019 transferred a sum of
Rs.1 lakh to the account of the 1st accused and thereby committed the
aforesaid offence by not giving the amount as assured.
6. The learned public prosecutor opposed the petition and
points out that the petitioner is not entitled to bail.
7. After having considered the submissions of the learned
counsel for the petitioner and learned Public Prosecutor and considering
the fact that the petitioner had surrendered pursuant to the order of the
Supreme Court, Annexure A2, the fact that the petitioner has been in
custody since 20/06/2023, major part of the investigation is over, his
B.A.Nos.9940 & 9941/2023
..5..
submission before the Supreme Court that he is willing to sell off his
properties to wipe off the liabilities and also since there is no
apprehension raised by the prosecution that if released on bail, the
petitioner is likely to abscond, I hold that bail can be granted to the
petitioner.
Accordingly, this application is allowed, and the petitioner is
granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond
for 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 report before the Investigating Officer as
and when directed.
(iii) The petitioner shall not tamper or attempt to tamper with the
evidence or influence or try to influence the witnesses.
(iv) The petitioner shall not be involved in any other crime while
on bail or leave India without the prior permission of the Court
concerned.
(v) The petitioner shall surrender his passport, if any, within
seven days from the date of his release before the Court concerned, and if
the release of the passport is required at the later period, the petitioner
B.A.Nos.9940 & 9941/2023
..6..
shall be at liberty to move an appropriate application for the same before
the court having jurisdiction. If he has no passport, he shall file an
affidavit to that effect before the court concerned on the date of execution
of the bond or within three days thereafter.
(vi) The petitioner shall appear on all postings in the case except
when absence is permitted by the Court concerned, and in case of two
consecutive non-appearance without any justifiable cause, It will be open
to the investigating officer to seek cancellation of the bail.
If any of the conditions are violated, the court concerned will be
empowered to take steps for cancellation of bail as per law;
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
B.A.Nos.9940 & 9941/2023
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APPENDIX OF BAIL APPL. 9940/2023
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME
NO.253/2022 OF KOLLAM EAST POLICE
ALLEGING OFFENCE PUNISHABLE UNDER
SECTION 420, 120B, 114 AND 34 OF THE
INDIAN PENAL CODE
Annexure 2 TRUE COPY OF THE ORDER DATED 09-05-
2023 IN S.L.P.(CRIMINAL) NO.9588/2022
OF THE HON'BLE SUPREME COURT OF INDIA
Annexure 3 TRUE COPY OF THE ORDER DATED
31.07.2023 IN CRL.M.C.NO.4630/2023 ON
THE FILE OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOLLAM
Annexure 4 TRUE COPY OF THE ORDER DATED
18.08.2023 IN CRL.M.C.NO.1765/2023 IN
CRIME NO.253/2022 PRESENTLY PENDING AS
B.A.Nos.9940 & 9941/2023
..8..
APPENDIX OF BAIL APPL. 9941/2023
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME
NO.254/2022 OF KOLLAM EAST POLICE
ALLEGING OFFENCE PUNISHABLE UNDER
SECTION 420, 120B, 114 AND 34 OF THE
INDIAN PENAL CODE
Annexure 2 TRUE COPY OF THE ORDER DATED 09-05-
2023 IN S.L.P.(CRIMINAL) NO.9588/2022
OF THE HON'BLE SUPREME COURT OF INDIA
Annexure 3 TRUE COPY OF THE ORDER DATED
31.07.2023 IN CRL.M.C.NO.4631/2023 ON
THE FILE OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOLLAM
Annexure 4 TRUE COPY OF THE ORDER DATED
18.08.2023 IN CRL.M.C.NO.1766/2023 IN
CRIME NO.254/2022 PRESENTLY PENDING AS
