Kerala High Court
Anilkumar.M vs State Of Kerala on 25 April, 2025
2025:KER:33120
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
BAIL APPL. NO. 5401 OF 2025
CRIME NO.151/2025 OF ALAPPUZHA SOUTH POLICE STATION,
ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED 14.03.2025 IN CMP
NO.1359 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ALAPPUZHA
PETITIONER/ACCUSED:
ANILKUMAR.M
AGED 54 YEARS
S/O R.OMANAKUTTYAMMA, HOUSE NO.70,
MOSQUE LANE, KESAVADASAPURAM, PATTOM P O,
THIRUVANANATHAPURAM - 695004
BY ADVS.
SRUTHYMON P.R
IRENE MARIA JOHN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI. M.P. PRASANTH
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:33120
B.A. NO. 5401 OF 2025 2
Dated this the 25th day of April, 2025
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. The petitioner is the sole accused in Crime No.151/2025
of Alappuzha South Police Station. The offences alleged against
him are punishable under Sections 316(2) and 318(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the accused,
with an intention to make unlawful gain to him and to make
unlawful loss to the defacto complainant, made the defacto
complainant to believe that he would arrange a job for the defacto
complainant in Alappuzha General Hospital. Under the said
promise, the accused obtained an amount of Rs.2,11,941/- from
the defacto complainant. After obtaining the said amount, the
petitioners neither arranged any job nor returned the amount and
thereby cheated the defacto complainant. Thus, the accused has
committed the above offences.
2025:KER:33120
4. I heard the learned counsel for both sides and perused
the records.
5. A perusal of the records reveals that the accusations
levelled against the petitioner are prima facie well-founded. The
allegation that the petitioner grabbed an amount of Rs.2,11,941/-
from the defacto complainant after giving a false promise to
arrange a job for her at Alappuzha General Hospital can not be
viewed lightly. An in-depth investigation is highly necessary in this
case to unearth all the details involved in this case and to find out
how many others were cheated by the petitioner in the same
manner. Anyhow, the arrest of the petitioner was recorded in this
case on 24.02.2025. From the submissions made by the learned
Public Prosecutor, it is discernible that the petitioner is a history
sheeter involved in a series of cases registered alleging the
offence of cheating. However, it cannot be overlooked that the
petitioner has been in custody in this case since 24.02.2025. The
investigation in this case appears to have progressed
substantially. As the investigation has crossed its major and crucial
part, further retention of the petitioner in judicial custody would
not serve any purpose.
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Hence, considering the days of the detention already
undergone by the petitioner, and the stage of investigation, I am
inclined to grant bail to the petitioner on the following conditions:
1. Petitioner shall execute a bond for Rs.1,00,000/-
(Rupees One lakh 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 on every Monday between 10 a.m.
and 11 a.m. for a period of three months or until the final
report is filed, whichever occurs first.
3. 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.
4. 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 that effect before the court within three of his release
from the jail.
5. Petitioner shall not leave India without
permission of the jurisdictional Court.
6. Petitioner shall not commit any offence while
on bail.
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7. If the petitioner violates any of the above
conditions, the investigating officer is at liberty to file
appropriate application for cancellation of bail before the
jurisdictional court, and if such an application is filed, the
jurisdictional court can pass appropriate orders
irrespective of the fact that this order is passed by this
Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
mtk/25.04.25
2025:KER:33120
APPENDIX OF BAIL APPL. 5401/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF FIR.NO.151 /2025 OF ALAPPUZHA
SOUTH POLICE STATION
Annexure 2 CERTIFIED COPY OF ORDER IN C.M.P.NO:
1359/2025 DATED 14.03.2025 OF HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
ALAPPUZHA
Annexure 3 TRUE COPY OF DISCHARGE SUMMARY OF ERNAKULAM
MEDICAL CENTRE (P) LTD.
