Kerala High Court
Nitish Agarwal 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. 3173 OF 2024
CRIME NO.15/2024 OF CYBER CRIME POLICE STATION, THRISSUR, Thrissur
PETITIONER(S)/ACCUSED:
NITISH AGARWAL
AGED 35 YEARS
B1, 22F3, LIG BACK LEFT, DLF, GAZIABAD, NOW RESIDING AT
C 506, OXY HOMES, TEELA MODE, GAZIABAD, UTTAR PRADESH,
PIN - 201001
BY ADVS.
SARATH BABU KOTTAKKAL
ARCHANA VIJAYAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV.
SMT.SEENA C. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. NO. 3173 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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B.A. No.3173 of 2024
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Dated this the 19th day of April, 2024
ORDER
This Bail application is filed under Section 439 of
Criminal Procedure Code.
2. The petitioner is the accused in Crime
No.15/2024 of Cyber Crime Police Station, Thrissur.
The above case is registered against the petitioner
alleging offences punishable under Section 420 IPC
and under Section 66D of the Information Technology
Act.
3. The prosecution case is that, the accused
B.A. NO. 3173 OF 2024
person, in furtherance of their common intention,
pretending as sales executive of OM Enterprises and
under the guise of selling A4 size papers cheated the
1st informant and thereby dishonestly induce him to
transfer Rs.6,82,000/- by way of installment in
between 17.01.2024 and 03.02.2024 from his two
bank accounts to two bank accounts provided by
them. Hence, it is alleged that the accused committed
the offence.
4. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner
submitted that the petitioner is in custody from
01.04.2024 onwards. It is submitted that, the
petitioner had not committed any offence as alleged
B.A. NO. 3173 OF 2024
and there is only civil liability between the petitioner
and the de-facto complainant. The counsel for the
petitioner also submitted that, the petitioner is ready
to obey any conditions, if this Court grant him bail.
The Public Prosecutor seriously opposed the bail
application. The Public Prosecutor submitted that the
petitioner is from Gaziabad and if, he is released on
bail, he will not be available for trial. It is also
submitted that the petitioner is not cooperating with
the investigation.
6. This Court considered the contention of the
petitioner and the Public Prosecutor. The allegation
against the petitioner is that the petitioner has not
supplied A4 size papers after collecting huge amount
from the de-facto complainant. Whether the offences
B.A. NO. 3173 OF 2024
under Section 420 IPC is made out in such cases, is
to be investigated by the investigating officer. The
petitioner is in custody from 01.04.2024 onwards.
Continued detention of the petitioner is not necessary,
but, till the investigation is over, there can be a
direction to the petitioner to stay within the
jurisdiction of Thrissur District after his release. He
shall not go outside the jurisdiction of Thrissur
District, without getting permission from the
jurisdictional court. With the above condition and
also directing the petitioner to appear before the
investigating officer on all Mondays, Wednesdays and
Fridays, this bail application can be allowed.
7. Moreover, it is a well accepted principle that
the bail is the rule and the jail is the exception. The
B.A. NO. 3173 OF 2024
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
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
B.A. NO. 3173 OF 2024
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
similar to the offence of which they are
B.A. NO. 3173 OF 2024
accused, or suspected, of the commission
of which he is suspected.
5. The petitioner shall appear before the
investigating officer on all Mondays,
Wednesdays and Fridays at 10.00 A.M.,
till final report is filed.
6. The petitioner shall reside within the
jurisdiction of Thrissur District, till
investigation in Crime No.15/2024 is
completed. The petitioner shall give the
address where he is going to reside in
Thrissur and also his phone number. If he
want to go outside the jurisdiction of
Thrissur District for any specific purpose,
the petitioner is free to approach the
B.A. NO. 3173 OF 2024
jurisdictional court and the jurisdictional
court can pass appropriate orders, after
hearing the investigating officer.
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
nvj JUDGE
B.A. NO. 3173 OF 2024
APPENDIX OF BAIL APPL. 1336/2024
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN CRL.
M.C. 85/2024 DATED 12.02.2024 PASSED BY
THE HON'BLE SESSIONS COURT,
THODUPUZHA
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
