Kerala High Court
Vinod.B 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. 2916 OF 2024
CRIME NO.282/2024 OF Nooranadu Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED 27.03.2024 IN CMP NO.1541
OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,
MAVELIKKARA
PETITIONER(S)/2ND ACCUSED:
VINOD.B,
AGED 50 YEARS
S/O.BAHULEYAN, VINOD BHAVANAM, VELLIMON P.O,
PERUNAD VILLAGE, KOLLAM DISTRICT, PIN - 691601
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT(S)/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,NOORANAD POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 690504
BY ADV.SRI. PRASANTH MP, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024 ALONG WITH B.A.NO.2979/2024 AND THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2916 & 2979 of 2024
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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. 2979 OF 2024
CRIME NO.321/2024 OF Adoor Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED 23.03.2024 IN CRMC
NO.858 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
ADOOR
PETITIONER(S)/1ST ACCUSED:
VINOD.B, AGED 50 YEARS
S/O.BAHULEYAN, VINOD BHAVANAM, VELLIMON P.O,
PERINAD VILLAGE, KOLLAM DISTRICT, PIN - 691601
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT,
PIN - 689645
BY ADV.SMT.SEENA C, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19.04.2024 ALONG WITH B.A.NO.2916/2024 AND THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2916 & 2979 of 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.2961 & 2979 of 2024
-------------------------------
Dated this the 19th day of April, 2024
ORDER
These Bail Applications are filed under Section 439
Criminal Procedure Code (Cr.P.C.)
2. These Bail applications are filed by the accused in
Crime No.282/2024 of Nooranadu Police Station and
Crime No.321/2024 of Adoor Police Station. Petitioner is
the common accused in the above two crimes. The above
cases are registered alleging offences punishable under
Sections 420, 465, 468, 471 r/w 34 IPC.
3. The prosecution case in brief is as follows:
The accused in these cases collected an amount of
Rs.10 lakhs from the defacto complainant in these cases
promising employment in Government service and issued
forged appointment order and thereby committed the
afore said offences.
B.A.Nos.2916 & 2979 of 2024
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted
that the petitioner is in custody from 22.02.2024 in
connection with Crime No.321/2024 and his arrest was
recorded on 18.03.2024 in connection with Crime
No.282/2024. The counsel also submitted that the
petitioner is ready to abide any conditions, if this Court
grant him bail. The counsel also submitted that the
allegation against the petitioner is absolutely incorrect.
The learned Public Prosecutor seriously opposed the bail
application.
6. It is surprising to see that, to get a Government
job, the defacto complainant in these cases is paying
huge amount to strangers. What is the basis for paying
these amount to the accused for getting public
employment when the same is done through a procedure
established by law. I don't want to make any observation
about the same. The petitioner is in custody from
B.A.Nos.2916 & 2979 of 2024
22.02.2024 onwards. The continued detention of the
petitioner is not necessary. The petitioner has got a
contention that there is some money transaction between
the petitioner and the defacto complainant in these cases.
I don't want to make any observation about the same.
These are matters to be investigated by the Investigating
Officer. Considering the facts and circumstances of this
case, I think this Bail application can be allowed on
stringent conditions.
7. 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.
8. Considering the dictum laid down in the above
B.A.Nos.2916 & 2979 of 2024
decision and considering the facts and circumstances of
this case, this Bail Application is allowed with the
following directions:
1. 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.
2. The 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 him from disclosing such facts to the Court
or to any police officer.
3. Petitioner shall not leave India without
permission of the jurisdictional Court.
4. Petitioner shall not commit an offence
B.A.Nos.2916 & 2979 of 2024
similar to the offence of which he is accused, or
suspected, of the commission of which he is
suspected.
5. The petitioner shall appear before the
investigating officer on all Mondays at 10 A.M. till final
report is filed.
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
DM
