Kerala High Court
Karthik Menon vs State Of Kerala on 29 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944
BAIL APPL. NO. 5730 OF 2022
CRIME NO.1412/2021 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT
PETITIONER/ACCUSED NO.2:
KARTHIK MENON,AGED 29 YEARS
S/O. RAJASEKHARAN, ALACKAL HOUSE,
ALUVA, ERNAKULAM RURAL
, PIN - 683101
BY ADV S.K.SAJU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
KUNNATHUNADU POLICE STATION,
ERNAKULAM
, PIN - 683561
OTHER PRESENT:
SR.PP = SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.07.2022, ALONG WITH Bail Appl..5718/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. Nos. 5718 & 5730 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944
BAIL APPL. NO. 5718 OF 2022
CRIME MNO.1411/2021 OF KUNNATHUNADU POLICE STATION, ERNAKULAM
DISTRICT
PETITIONER/ACCUSED NO.2:
KARTHIK MENON,AGED 29 YEARS
S/O. RAJASEKHARAN, ALACKAL HOUSE,
ALUVA, ERNAKULAM RURAL
, PIN - 683101
BY ADV S.K.SAJU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KUNNATHUNADU POLICE STATION,
ERNAKULAM
, PIN - 683561
OTHER PRESENT:
SR.PP = SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.07.2022, ALONG WITH Bail Appl..5730/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos. 5718 & 5730 of 2022 3
VIJU ABRAHAM, J.
------------------------
B.A. Nos. 5718 & 5730 of 2022
------------------------------
Dated this the 29th day of July, 2022
ORDER
This is an application for regular bail.
2. In B.A.No.5718 of 2022, petitioner is the 2nd accused in Crime No.1411 of 2021 of Kunnathunadu Police Station, Ernakulam District registered alleging commission of offences punishable under Sections 120B, 406, 420 and 468 of IPC.
3. The prosecution case is that, the accused persons pursuant to a criminal conspiracy dishonestly induced the defacto complainants to part with money on several occasions, starting from the mid of 2020 to till date. Thus a total amount of Rs.7,90,000/- was obtained by the accused persons by making them believe that the amount will be invested in share market business and will get good rate of return for the amount deposited. The accused after obtaining the above amount cheated by not returning B.A. Nos. 5718 & 5730 of 2022 4 any amount and on repeated demands the accused repaid only an amount of Rs.2,37,700/- and created forged document tom prove the return of the remaining amount of Rs.5,52,300/-. Thus the petitioner is alleged to have committed the offences punishable u/ss. 120B, 406, 420, 468 of IPC.
4. In B.A.No.5730 of 2022, petitioner is the 2 nd accused in Crime No.1412 of 2021 of Kunnathunadu Police Station, Ernakulam District registered alleging commission of offences punishable under Sections 120B, 406, 420 and 468 of IPC.
5. The prosecution case is that, the accused persons pursuant to a criminal conspiracy dishonestly induced the defacto complainants to part with money on several occasions, starting from the month of November of 2020 to till date. Thus a total amount of Rs.23,44,735/- was obtained by the accused persons by making them believe that the amount will be invested in share market business and will get good rate of return for the amount deposited. The accused after obtaining the above B.A. Nos. 5718 & 5730 of 2022 5 amount cheated by not returning any amount and also created forged documents thereby the accused have alleged to have committed the offences punishable u/ss. 120B, 406, 420, 465 and 468 of IPC.
6. Petitioner submits that he has been falsely implicated in the above said crimes. In respect of B.A.No.5730 of 2022 it is the contention of the petitioner based on Annexure-2 that the defacto complainant was also a Director of the company formed by the petitioner along with the other accused for doing business in share market and the defacto complainant in B.A.No.5718 of 2022 he is the close relative of the defacto complainant in B.A.No.5730 of 2022 of 2022. He also made an investment on the promise that he will get huge returns. Petitioner submits that the business came to stop because the ban imposed by the SEBI. Petitioner further submits that he is in custody from 9.7.2022, in both the crimes.
7. Heard the learned counsel for the petitioner and the learned Public Prosecutor. B.A. Nos. 5718 & 5730 of 2022 6
8. Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainants have been defrauded on a promise to give huge profits.
9. Considering the facts and circumstances of the case and the nature of the allegation, and that the petitioner is in custody from 09.07.2022 onwards, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime Nos.1411 & 1412 of 2021 of Kunnathunadu Police Station, on every Saturday at 11 am till filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime Nos. 1411 & B.A. Nos. 5718 & 5730 of 2022 7 1412 of 2021 of Kunnathunadu Police Station;
(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime Nos. 1411 & 1412 of 2021 of Kunnathunadu Police Station may file an application before the jurisdictional court, for cancellation of bail.
sd/-
VIJU ABRAHAM, JUDGE pm