Kerala High Court
Aravind V.R vs State Of Kerala on 6 February, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
BAIL APPL. NO. 142 OF 2024
CRIME NO.1132/2023 OF ARANMULA POLICE STATION,
PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CMP 7405/2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
PETITIONER/ACCUSED:
ARAVIND V.R,
AGED 29 YEARS
S/O RAJAN, VETTIKKAL VEEDU, ATTATHODE, PAMPA
TRIVENI P.O., PERUNADU VILLAGE, PATHANAMTHITTA,
NOW RESIDING AT KOYIKKALETH RAJEEV VEEDU,NEAR
CHERUPUZHAKKAL TEMPLE, MALAKKARA, ARANMULA
VILLAGE, PIN - 689532
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
P.M.HRIDYA
TAJ K. TOM
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT. SEETHA S. - SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2024, ALONG WITH B.A NOS. 148/2024 AND 161/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
BAIL APPL. NOs. 142, 148 &
161 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
BAIL APPL. NO. 148 OF 2024
CRIME NO.1122/2023 OF ARANMULA POLICE STATION,
PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CMP 7404/2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
PETITIONER/ACCUSED:
ARAVIND V.R,
AGED 29 YEARS
S/O RAJAN, VETTIKKAL VEEDU, ATTATHODE, PAMPA
TRIVENI P.O., PERUNADU VILLAGE, PATHANAMTHITTA,
NOW RESIDING AT KOYIKKALETH RAJEEV VEEDU, NEAR
CHERUPUZHAKKAL TEMPLE, MALAKKARA, ARANMULA
VILLAGE, PIN - 689532
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
P.M.HRIDYA
TAJ K. TOM
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV
SRI. C.S. HRITHWIK - SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2024, ALONG WITH B.A NOS. 142/2024 AND 161/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
BAIL APPL. NOs. 142, 148 &
161 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
BAIL APPL. NO. 161 OF 2024
CRIME NO.1130/2023 OF ARANMULA POLICE STATION,
PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CMP 7403/2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAMTHITTA
PETITIONER/ACCUSED:
ARAVIND V.R
AGED 29 YEARS
S/O RAJAN, VETTIKKAL VEEDU, ATTATHODE, PAMPA
TRIVENI P.O., PERUNADU VILLAGE, PATHANAMTHITTA
NOW RESIDING AT KOYIKKALETH RAJEEV VEEDU, NEAR
CHERUPUZHAKKAL TEMPLE, MALAKKARA, ARANMULA
VILLAGE, PIN - 689532
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
P.M.HRIDYA
TAJ K. TOM
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV
SMT. SHYNI V.O. - PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2024, ALONG WITH B.A NOS. 142/2024 AND 148/2024,THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
BAIL APPL. NOs. 142, 148 &
161 OF 2024
C.S.DIAS, J.
--------------------------------------------------------
B.A.Nos. 142/2024, 148/2024 & 161/2024
--------------------------------------------------------
Dated this the 6th day of February, 2024
COMMON ORDER
The application is filed under Section 439 of the
Code of Criminal Procedure, 1973, by the sole accused
in crime Nos.1132/2023, 1122/2023 and 1130/2023 of
the Aranmula Police Station, registered against him
for allegedly committing the offences punishable
under Sections 420, 468 and 471 of the Indian Penal
Code. The petitioner was arrested on 4.11.2023.
2. The gist of the prosecution case in all the three
crimes is that: the accused with an intention to cheat
the informants in the respective cases and cause
wrongful loss to them, offered them jobs as
receptionist in the Kozhencherry District Hospital and
induced the informants to deliver money through
BAIL APPL. NOs. 142, 148 &
161 OF 2024
google pay and the accused received amounts from
the defacto complainants, but failed to secure the
employment. Instead, the accused forged the letter
head of the Section Officer of the Health Department,
Thiruvananthapuram and made the informants believe
that they had secured the employment. Thus, the
accused committed the above offences.
3. Heard; Sri. Liju V. Stephen the learned counsel
appearing for the petitioner and Sri. C.S. Hrithwik,
the learned Public Prosecutor appearing for the
respondent.
4. The learned counsel appearing for the
petitioner submitted that the petitioner has been
falsely implicated in the crimes. He is totally innocent
of the accusations levelled against him. The petitioner
was arrested in Crime No.1310/2024 of Cantonment
Police Station, Thiruvananthapuram, which was
BAIL APPL. NOs. 142, 148 &
161 OF 2024
subsequently re-numbered as Crime No.1/2024 of
Aranmula Police Station. The petitioner was arrested
on 06.12.2023. Subsequently, the petitioner's arrest
was recorded in the above three crimes. The
petitioner has been in judicial custody for the last sixty
days. The petitioner was enlarged on statutory bail in
B.A. No.155/2024 as the final report has not been laid.
The investigation in the case is complete and the
recovery has been effected. The petitioner's further
detention is unnecessary. Hence, the petitioner may
be released on bail.
5. The learned Public Prosecutor opposed the
applications. He contended that the petitioner is a
person with criminal antecedents because he is
involved in several cases of similar nature. The
investigation is not complete. It is only because the
final report was not laid, this Court enlarged the
BAIL APPL. NOs. 142, 148 &
161 OF 2024
petitioner on bail in B.A. No.155/2024. If the
petitioner is released on bail, there is every likelihood
of him hampering with the investigation and
intimidating the witnesses. Hence, the applications
may be dismissed.
6. Indisputably, the petitioner was arrested on
06.12.2023. The petitioner was enlarged on statutory
bail by this Court as per the Order in B.A.
No.155/2024. The petitioner was in judicial custody
for more than sixty days by the same Police Station.
Therefore, the investigation in all the cases is
practically complete and recovery has been effected.
7. After bestowing my anxious consideration to
the facts, the materials placed on record, the rival
submissions made across the bar, the fact that the
petitioner has already been released on statutory bail
in B. A. No.155/2024, that the investigation in the
BAIL APPL. NOs. 142, 148 &
161 OF 2024
cases is practically complete and recovery has been
effected, I am of the definite view that the petitioner's
continued detention in the above three crimes is not
necessary. Hence, I am inclined to allow the bail
applications.
In the result, the applications are allowed, by
directing the petitioner to be released on bail on him
executing a bond for Rs.1,00,000/- (Rupees One Lakh
only) in each of the three cases with two solvent
sureties each for the like sum, to the satisfaction of
the court having jurisdiction, which shall be subject to
the following conditions:
(i) The petitioner shall appear before the
Investigating Officer on every Saturday between 9
a.m. and 11 a.m for a period of two months or till the
final report is laid, whichever is earlier. He shall also
BAIL APPL. NOs. 142, 148 &
161 OF 2024
appear before the Investigating Officer as and when
required;
(ii) The petitioner shall not directly or indirectly
make any inducement, threat or procure 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 or tamper with the evidence in any
manner, whatsoever;
(iii) The petitioner shall not commit any offence
while he is on bail;
(iv) The petitioner shall surrender his passport, if
any, before the court below at the time of execution of
the bond. If he has no passport, he shall file an
affidavit to the effect before the court below on the
date of execution of the bond;
(v) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
BAIL APPL. NOs. 142, 148 &
161 OF 2024
empowered to consider the application for
cancellation of bail, if any filed, and pass orders on the
same, in accordance with law;
(vi) Applications for deletion/modification of the
bail conditions shall be moved and entertained by the
court below;
(vii) Needless to mention, it would be well within
the powers of the Investigating Officer to investigate
the matter and, if necessary, to effect recoveries on
the information, if any, given by the petitioner even
while the petitioner is 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/-
C.S. DIAS
JUDGE
BR
BAIL APPL. NOs. 142, 148 &
161 OF 2024
APPENDIX OF BAIL APPL. 142/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1132/2023 DATED
09.12.2023 OF ARANMULA POLICE STATION
Annexure A2 TRUE COPY OF THE ORDER DATED 22/12/2023
IN CMP NO. 7405 BEFORE THE JUDICIAL
FIRST-CLASS MAGISTRATE I,
PATHANAMTHITTA
RESPONDENT'S ANNEXURES: NIL
BAIL APPL. NOs. 142, 148 &
161 OF 2024
APPENDIX OF BAIL APPL. 148/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1122/2023 DATED
07.12.2023 OF ARANMULA POLICE STATION
Annexure A2 TRUE COPY OF THE ORDER DATED 22/12/2023
IN CMP NO. 7404/2023 BEFORE THE
JUDICIAL FIRST-CLASS MAGISTRATE I,
PATHANAMTHITTA
RESPONDENT'S ANNEXURES: NIL
BAIL APPL. NOs. 142, 148 &
161 OF 2024
APPENDIX OF BAIL APPL. 161/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1130/2023 DATED
08.12.2023 OF ARANMULA POLICE STATION
Annexure A2 TRUE COPY OF THE ORDER DATED 22/12/2023
IN CMP NO. 7403/2023 BEFORE THE
JUDICIAL FIRST-CLASS MAGISTRATE I,
PATHANAMTHITTA
RESPONDENT'S ANNEXURES: NIL
