Kerala High Court
Affin Thomas vs State Of Kerala on 9 February, 2024
Author: C.S.Dias
Bench: C.S.Dias
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
BAIL APPL. NO. 895 OF 2024
CRIME NO.2608/2023 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT Bail Appl. 113/2024 OF HIGH COURT
OF KERALA
PETITIONER/S:
AFFIN THOMAS
AGED 39 YEARS
S/O THOMAS M J MANIANGATTU HOUSE NEELEESWARAM
MALAYATOOR VILLAGE, ERNAKULAM -, PIN - 683587
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH Bail Appl..922/2024, 924/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
BAIL APPL. NO. 922 OF 2024
CRIME NO.2689/2023 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT Bail Appl. 115/2024 OF HIGH COURT
OF KERALA
PETITIONER/S:
AFFIN THOMAS
AGED 39 YEARS
MANIANGATTU HOUSE NEELEESWARAM MALAYATOOR VILLAGE,
ERNAKULA, PIN - 683587
BY ADVS.
S.RAJEEV
M.S.ANEER
V.VINAY
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH Bail Appl..895/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
BAIL APPL. NO. 924 OF 2024
CRIME NO.28/2024 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CMP 146/2024 OF JMFC, KALAMASSERY
(TEMPORARY)
PETITIONER/S:
AFFIN THOMAS
AGED 39 YEARS
S/O THOMAS M J MANIANGATTU HOUSE NEELEESWARAM
MALAYATOOR VILLAGE, ERNAKULAM -, PIN - 683587
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH Bail Appl..895/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
BAIL APPL. NO. 925 OF 2024
CRIME NO.2688/2023 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT Bail Appl. 115/2024 OF HIGH COURT
OF KERALA
PETITIONER/S:
AFFIN THOMAS
AGED 39 YEARS
S/O THOMAS M J MANIANGATTU HOUSE NEELEESWARAM
MALAYATOOR VILLAGE, ERNAKULAM -, PIN - 683587
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH Bail Appl..895/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
BAIL APPL. NO. 927 OF 2024
CRIME NO.29/2024 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CMP 145/2024 OF JMFC, KALAMASSERY
(TEMPORARY)
PETITIONER/S:
AFFIN THOMAS
AGED 39 YEARS
S/O THOMAS M J MANIANGATTU HOUSE NEELEESWARAM
MALAYATOOR VILLAGE, ERNAKULAM -, PIN - 683587
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH Bail Appl..895/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
BAIL APPL. NO. 928 OF 2024
CRIME NO.2821/2023 OF Kalamassery Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CMP 144/2024 OF JMFC, KALAMASSERY
(TEMPORARY)
PETITIONER/S:
AFFIN THOMAS
AGED 39 YEARS
S/O THOMAS M J MANIANGATTU HOUSE NEELEESWARAM
MALAYATOOR VILLAGE, ERNAKULAM -, PIN - 683587
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SR PP SRI C S HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, ALONG WITH Bail Appl..895/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
7
C.S.DIAS,J
======================
Bail Application Nos.895, 922, 924,
925, 927 and 928 of 2024
-----------------------------------
Dated this the 9th day of February, 2024
COMMON ORDER
The application is filed under Section 439 of the
Code of Criminal Procedure, 1973, by the 1 st accused in
Crime Nos.2608/2023, 2689/2023, 28/2024, 2688/2023,
29/2024 and 2821/2024 of the Kalamassery Police
Station, Ernakulam, registered against the accused
(three in number) for allegedly committing the offences
punishable under Secs.406 and 420 read with Section 34
of the Indian Penal Code. The petitioner's arrest was
recorded in the above crimes on 17.12.2023.
2. The gist of the prosecution case is that: the
accused with an intention to obtain unlawful gain from
the informants, received amounts as tuition fees from
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
them promising to arrange free admission in a course
named AUSBUILDING IN NURSING in Germany
through an establishment named ABRO-AID Immigration
Service. Although the accused received the amounts
from the informants, they failed to provide admission for
the informants. Thus, the accused have committed the
above offences.
3. Heard; Sri.S.Rajeev, the learned counsel
appearing for the petitioner and Smt.Neema T.V.,
Smt.Seetha S. and Sri.C.S.Hrithwik, the learned Public
Prosecutors.
4. The learned counsel for the petitioner
submitted that the petitioner is totally innocent of the
accusations leveled against him. He has been falsely
implicated in the crimes. The petitioner has no mens rea
to cheat the informants. The petitioner had arranged a
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
course for students to study the German language. But,
the faculty who was supposed to teach the students, left
the services of the institution and, therefore, the course
could not be completed. The petitioner was arrested in
Crime No.2454/2023 by the very same police station. In
that case, the petitioner has already been released on
statutory bail. The petitioner has all through out been in
judicial custody. The investigation in the crimes have
been completed and recoveries have been effected. The
petitioner's formal arrest was recorded in these cases on
17.12.2023, i.e., much later to his original arrest.
Therefore, as the petitioner has been in judicial custody
for more than the stipulated period of 60 days, the
petitioner may be released on bail. The petitioner is
willing to co-operate with the investigation and abide by
any stringent condition that may be imposed by this
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
Court. Hence, the applications may be allowed.
5. The learned Public Prosecutors opposed the
applications. They submitted that in addition to the
above six crimes there is also Crime No.2454/2023,
wherein the petitioner was originally arrested. The
petitioner has cheated the innocent defacto complainants
by siphoning of their money. The investigation in the case
is not complete. If the petitioner is released on bail,
there is every likelihood of him tampering with the
evidence and also fleeing from justice. Hence, the
applications may be dismissed.
6. On an analysis of the materials placed on record,
it is undisputed that the petitioner was arrested in Crime
No.2454/2023 by the very same Investigating Officer. In
that crime, the petitioner was released on statutory bail
after the completion of 60 days. In fact, the petitioner's
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
arrest was recorded by the very same Investigating
Officer, subsequently on 17.12.2023 while he was in
custody in Crime No.2454/2023. Therefore, the
petitioner has been in custody for the last more than 60
days. The maximum punishment that can be imposed as
against the petitioner for the offences alleged against
him is ten years. Therefore, the time period for statutory
bail is also 60 days.
7. It is well settled that the antecedents of a person
shall be the sole criteria to deny bail to the accused.
8. In Sanjay Chandra v. CBI, [2012 1 SCC 40], the
Honourable Supreme Court has categorically held that
the fundamental postulate of criminal jurisprudence is
the presumption of innocence until a person is found
guilty. Any imprisonment prior to conviction is to be
considered as a punitive and it would be improper on the
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
part of the Court to refuse bail solely on the ground of
former conduct.
9. In Dataram Singh v. State of U.P., [(2018) 3
SCC 22] the Honourable Supreme Court observed that
grant of bail is a rule and putting a person in jail is an
exception. Even though the grant of bail is entirely the
discretion of the court, it has to be evaluated based on
the facts and circumstances of each case and the
discretion has to be exercised in a judicious and
compassionate manner.
10. Subsequently, in State of Kerala v. Raneef,
[(2011) 1 SCC 784], the Honourable Supreme Court has
again held that undertrial prisoners detained in jail for
indefinite periods, without any sufficient reason or due to
the delay in concluding the trial, will tantamount to
infringement of their right to life guaranteed under
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
Article 21 of the Constitution.
11. On a consideration of the facts, the materials
placed on record, the rival submissions made across the
Bar especially taking into account the fact that the
petitioner's arrest was recorded on 17.12.2023 and that
he has already been enlarged on statutory bail in the
first crime by the very same Police Station, i.e., Crime
No.2454/2023, that the investigation in the case is
practically complete and that the recovery has been
effected, I am of the definite view that the petitioner's
further detention is unnecessary. Hence, I am inclined to
allow these bail applications.
In the result, the applications are allowed, by
directing the petitioner to be released on bail on him
executing bonds for Rs.1,00,000/- (Rupees One lakh
only) in all the cases with two solvent sureties each for
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
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 Tuesday and Saturday between 9 a.m.
and 11 a.m till the final report is laid. He shall also
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;
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
(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) The petitioner shall furnish his present address and
permanent address, and his mobile phone number to the
court below and the Investigating Officer;
(vi) The petitioner shall not leave the territorial
jurisdiction of the Court of Session, Ernakulam without
prior permission of the jurisdictional court.
(vii) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for cancellation
of bail, if any filed, and pass orders on the same, in
accordance with law.
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
(viii) Applications for deletion/modification of the bail
conditions shall be moved and entertained by the court
below.
(ix) 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
rkc/09.02.24
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
APPENDIX OF BAIL APPL. 922/2024
PETITIONER ANNEXURES
Annexure 1 ORDER DATED 22-01-2024 IN BAIL
APPL.115/2024 ON HIGH COURT
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
APPENDIX OF BAIL APPL. 924/2024
PETITIONER ANNEXURES
Annexure I COPY OF THE ORDER IN CMP NO 146/2024
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
APPENDIX OF BAIL APPL. 925/2024
PETITIONER ANNEXURES
Annexure 1 ORDER DATED 22-01-2024 IN BAIL
APPL.115/2024 ON HIGH COURT
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
APPENDIX OF BAIL APPL. 927/2024
PETITIONER ANNEXURES
Annexure I COPY OF THE ORDER IN CMP NO 145/2024
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
APPENDIX OF BAIL APPL. 928/2024
PETITIONER ANNEXURES
Annexure-I COPY OF THE ORDER IS PRODUCED HEREWITH
AND MAY BE MARKED AS ANNEXURE I.
Bail Appl. Nos.895/2024, 922/2024, 924/2024, 925/2024,
927/2024, 928/2024
APPENDIX OF BAIL APPL. 895/2024
PETITIONER ANNEXURES
Annexure 1 ORDER DATED 22-01-2024 IN BAIL
APPL.113/2024 ON HIGH COURT
