Kerala High Court
Jibeesh T G vs State Of Kerala on 9 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:40202
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
BAIL APPL. NO. 6715 OF 2025
CRIME NO.287/2025 OF WADAKKANCHERY POLICE STATION,
THRISSURAGAINST THE ORDER/JUDGMENT DATED 14.05.2025 IN CRMC
NO.550 OF 2025 OF ADDITIONAL SESSIONS COURT(ADHOC) III,
THRISSUR.
PETITIONER:
JIBEESH T G,
AGED 36 YEARS,
S/O. GIRIJAN K R THEKKOT HOUSE, PANAMUKK P O,
THRISSUR, PIN - 680 007.
BY ADVS.
SHRI.K.B.GANGESH
SMT.SMITHA CHATHANARAMBATH
SMT.ATHIRA A.MENON
SHRI.HARISANKAR.K.V.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA (STATION HOUSE OFFICER,
WADAKKANCHERY POLICE STATION), PIN - 682 031.
SMT. SREEJA V., PP
Bail Appl. No.6715 of 2025
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.6715 of 2025
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.6715 of 2025
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Dated this the 9th day of June, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.287 of 2025 of
Wadakkanchery Police Station registered for the offences punishable
under sections 316(3) and 318(4) of the Bharatiya Nyaya Sanhitha, 2023
(for short 'BNS').
3. The prosecution case is that accused 1 to 3 collected
Rs.15,63,000/- from the de facto complainant during the period from
01.11.2024 to 26.03.2025 promising to arrange a job in Kerala Feeds
Limited, Kallettumkara in a clerical post and thereafter the accused
neither arranged any job nor returned the amount collected by them and
thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the
petitioner himself is a victim of the fraud played by the first accused, as he
had collected Rs.15 lakhs from the petitioner. In repayment of said
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amount, the first accused apparently asked the de facto complainant to
transfer some amount to the petitioner's account which was later
transferred to the first accused as directed. The learned counsel further
submitted that petitioner has no role in the crime and that he has been
falsely implicated.
6. The learned Public Prosecutor opposed the bail application
and submitted that the allegations are serious and the petitioner's
involvement is required to be identified through custodial interrogation.
7. Annexure-A1 is stated to be a letter written by the first
accused referring to various persons from whom he had collected money.
It is also stated that, after writing the said letter, the first accused
absconded. Petitioner's name figures in the said letter as a person from
whom Rs.15 lakhs was borrowed by the first accused. Considering the
nature of allegations and also the surrounding circumstances, I am of the
view that the custodial interrogation of the petitioner is not necessary,
however, he must subject himself to interrogation.
Accordingly, this application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating Officer on
18.06.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to
arrest the petitioner, then, he shall be released on bail on him
executing a bond for Rs.50,000/- (Rupees fifty thousand only)
with two solvent sureties each for the like sum before the
Investigating Officer.
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(c) Petitioner shall appear before the Investigating Officer as
and when required and shall also co-operate with the
investigation.
(d) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on
bail.
(f) Petitioner shall not leave India without the permission of the
Court having jurisdiction.
In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, the jurisdictional
Court shall be empowered to consider such applications, if any, and pass
appropriate orders in accordance with law, notwithstanding the bail
having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
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APPENDIX OF BAIL APPL. 6715/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF LETTER DATED 14.02.2025
WRITTEN BY THE 1 ST ACCUSED AND CIRCULATED
IN WHATSAPP.
Annexure A2 CERTIFIED COPY OF THE ORDER PASSED BY
SESSIONS COURT, THRISSUR IN CRL. M.C NO.
550/2025 ON 14.05.2025.
Annexure A3 TRUE COPY OF THE FIR IN CRIME NO. 287RA025
OF WADAKKANCHERY POLICE STATION.
