Kerala High Court
Baby Kuttan vs State Of Kerala on 19 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
BAIL APPL. NO. 2244 OF 2024
CRIME NO.2024/2023 OF ERAVIPURAM POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT DATED 13.03.2024 IN CRMC NO.382 OF 2024
OF DISTRICT COURT & SESSIONS COURT,KOLLAM
........................................
PETITIONER/ACCUSED NOS.1 & 2 :
1 BABY KUTTAN, AGED 68 YEARS
S/O.DIVAKARAN, KALEEKKASSERIYIL,
PALKULANGARA NAGAR-58,
KILIKOLLOOR, KOLLAM, PIN - 691 004.
2 VIPIN BABYKUTTAN,
AGED 38 YEARS
S/O.BABYKUTTAN, KALEEKKASSERIYIL,
PALKULANGARA NAGAR-58,
KILIKOLLOOR, KOLLAM, PIN - 691 004.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
PRAVEENA T.
BLESSY MARY SEBASTIAN
JAYAPRABHA ARJUN
RESPONDENT/STATE & THE COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
ERAVIPURAM POLICE STATION, KOLLAM, PIN - 691011
3 JAISON JOSEPH,
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD,
FIRST FLOOR, CRESENT PLAZA, MADAN NADA,
VADAKKEVILA P.O, KOLLAM-691 010( ADDL.R3 IS IMPLEADED
AS PER ORDER DATED 19.04.2024 IN CRL.MA NO.2/2024)
BY ADV BINOY VASUDEVAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2244 OF 2024
2
P.V.KUNHIKRISHNAN, J
..........................................
B.A.No. 2244 of 2024
.............................................
Dated this the 19th day of April, 2024
ORDER
This Bail Application filed under Section 438 of Criminal
Procedure Code, 1973.
2. Petitioners are accused Nos.1 and 2 in Crime No. 2024/2023
of Eravipuram Police Station. The above case is registered
against the petitioners, alleging offences punishable under
Section 420 r/w Section 34 of the Indian Penal Code, 1860.
3. The prosecution case is that, the de facto complainant is the
Area Manager of Cholamandalam Investments and Finance
Pvt. Ltd., Kollam, engaged in the business of providing
vehicle loan. Accused herein are the Managing Directors of
M/s.Kalikkasseril Motors Pvt. Ltd., engaged in the sale of
commercial vehicles. Though dealership run by the accused,
BAIL APPL. NO. 2244 OF 2024
two customers, by name 'Smt.Fathima Beevi and Muhammed
Basheer', had approached the de facto complainant's office
for a loan and based on the said application, a vehicle loan
of Rs.5,09,339/- was granted to Fathima Beevi and a loan of
Rs.4,33,500/- was granted to Muhammed Basheer, and a total
of Rs.9,42,839/- was transferred to the Bank account of the
accused maintained at Federal Bank, Kadappakada Branch,
Kollam. But the accused failed to deliver the vehicle or
return the amount as promised. Hence, it is alleged that the
accused committed the offences.
4. Heard the counsel for the petitioners and the Public
Prosecutor.
5. The counsel for the petitioners submitted that even if the
entire allegations are accepted, the offence under Section 420
of IPC is not made out. The learned counsel further
submitted that the complaint was filed after about three years.
BAIL APPL. NO. 2244 OF 2024
It is also submitted that the account of the petitioners'
establishment was frozen, and that is why the entire issue
has arisen. The learned counsel submitted that the entire
dispute will be settled once the account is unfreeze.
6. The learned Public Prosecutor opposed the bail application
and submitted that the allegations against the petitioners are
serious in nature.
7. This Court considered the contentions of the learned counsel
for the petitioners and the learned Public Prosecutor. From
the facts narrated in the first information report, whether an
offence under Section 420 of IPC is made out or not, is a
matter to be investigated by the Investigating Officer. I do not
want to make any observations about the same. From the
facts in this case, I am of the considered opinion that the
custodial interrogation of the petitioners is not necessary.
Petitioners can be directed to appear before the Investigating
BAIL APPL. NO. 2244 OF 2024
Officer as and when required.
8. 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
9. 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:
i. Petitioners shall appear before the Investigating
Officer within ten days from today and shall undergo
interrogation;
ii.After interrogation, if the Investigating Officer proposes
to arrest the petitioners, they shall be released on
bail on executing a bond for a sum of Rs.50,000/-
BAIL APPL. NO. 2244 OF 2024
(Rupees Fifty Thousand only) each with two solvent
sureties each for the like sum to the satisfaction of
the officer concerned;
Iii.Petitioners shall appear before the Investigating
Officer for interrogation as and when required. The
petitioners 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;
iv.Petitioners shall not leave India without permission of
the jurisdictional Court;
v.Petitioners shall not commit an offence similar to the
offence of which they are accused, or suspected, of
the commission of which they are suspected;
10. If any of the above conditions are violated by the
petitioners, the jurisdictional Court can cancel the bail in
accordance to law, even though the bail is granted by this
Court.
11. Needless to mention, it would be well within the powers of
BAIL APPL. NO. 2244 OF 2024
the Investigating Officer to investigate the matter and, if
necessary, to effect recoveries on the information, if any given
by the petitioners even while the petitioners are on bail as
laid down by the Hon'ble Supreme Court in Sushila Aggarwal
v. State (NCT of Delhi) and another [2020 (1) KHC 663].
sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMV/19/04/2024
