Sudheep V.V vs State Of Kerala on 18 March, 2019

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Kerala High Court

Sudheep V.V vs State Of Kerala on 18 March, 2019

Bench: Sunil Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940

                    Bail Appl..No. 1724 of 2019

 AGAINST THE ORDER/JUDGMENT IN Bail Appl. 930/2019 of HIGH COURT

     CRIME NO. 1007/2018 OF VATAKARA POLICE STATION, KOZHIKODE



PETITIONER/ACCUSED NO.1:

             SUDHEEP V.V.,
             AGED 30 YEARS
             S/O.GOPINATHAN, THALIYIL HOUSE,
             NEAR GOVT. HIGHER SECONDARY SCHOOL,
             KANNADIPARAMBU P.O., KANNUR.

             BY ADVS.
             SRI.S.RAJEEV
             SRI.D.FEROZE
             SRI.K.ANAND (A-1921)
             SRI.K.K.DHEERENDRAKRISHNAN
             SRI.V.VINAY



RESPONDENT/S:
       1      STATE OF KERALA,
              REP. BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM - 682 031.
              (CRIME NO.1007/2018 OF VATAKARA POLICE STATION,
              KOZHIKODE DISTRICT).

      2      ADDL.R2 IMPLEADED
             T.V. GOPINATHAN
             AGED 63 YEARS
             S/O RAGHAVAN, THALIYIL VEEDU, KANNADIPARAMBA,
             CHELERI, KANNUR, KERALA-670604.
             (ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/03/2019
             IN CRL.MA.01/2019)


             SR.PP D.CHANDRASENAN


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No. 1724 of 2019

                                              2



                                        O R D E R

Petitioner stands arrayed as the 1 st accused in Crime No. 1007/2018 of Vatakara Police Station, Kozhikkode District for offences punishable under Sections 420, 463, 465, 468, 489A and 489D read with Section 34 of IPC. The allegation of the prosecution is that the petitioner herein along with his wife, the 2nd accused and his distant relative, the 3rd accused had assured procurement of an NRI seat in a Medical College in Karnataka State. Accordingly, he obtained ₹1,17,00,000/- from the de facto complainant in instalments. Thereafter without arranging the seat and without repaying the amount so collected, the accused committed cheating, it was alleged.

2. The earlier bail application filed by the petitioner as B.A.No.930/2019 was dismissed by this Court having regard to the amount involved in the transaction and also the serious nature of allegations. Petitioner has been in custody since Bail Appl..No. 1724 of 2019 3 the date of arrest, which is 30.01.2019. The investigation seems to have progressed considerably.

3. Petitioner has offered to furnish security for a portion of the amount stated to be due to in the above transaction. The father of the petitioner has filed an affidavit along with Crl.M.A.No.2/2019 to accept the affidavit. He has also filed Crl.M.A.No.1/2019 to get himself impleaded as the additional respondent. In the affidavit, he has offered an item of property having an extent of 18 cents of land comprised in Survey No.15/3 of Naranath Village and 10 cents of land situated at Kannadiparamba Village. According to the petitioner, the properties are worth ₹54,00,000/- and ₹80,00,000/- respectively. It was also disclosed that there is a first charge of the property towards the loan availed from the Co- operative Bank, Thaliparamba and the Kannur Co- operative Bank respectively.

Bail Appl..No. 1724 of 2019

4. Though I am not fully convinced that the amount will not cover the amount involved in the alleged transaction, I am inclined to accept it as a condition for granting bail to the petitioner.

Accordingly, Cr.M.A.Nos. 1/2019 and 2/2019 will stand allowed. Bail is granted to the petitioner on the following conditions:

(i) Petitioner shall execute a bond for a sum of ₹60,000/- (Rupees sixty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court. Petitioner in Crl.M.A. 1/2019 and 2/2019 shall be one of the sureties.

(ii) Petitioner in the above Crl.M.A.'s shall execute a bond offering the above properties as security for the liability that may arise in connection with the crime. Charge over the property shall be intimated by the concerned jurisdictional Magistrate to the concerned SRO.

(iii) The court below need not insist for further Bail Appl..No. 1724 of 2019 5 documents relating its valuation, since it is sworn to by the petitioner in the Crl.M.A. and in the affidavit and need not insist for production of the original documents, since it is reported to be produced in the concerned Co-Operative Banks.

(iv) Petitioner shall appear before the Investigating Officer as and when called for.

(v) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.

(vi) He shall not get involved in any other identical offences.

Sd/-

SUNIL THOMAS, JUDGE Pn 18/03

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