Kerala High Court
Shaji P vs S.I. Of Police on 11 December, 2013
Author: Thomas P. Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 11TH DAY OF DECEMBER 2013/20TH AGRAHAYANA, 1935
Bail Appl..No. 8095 of 2013 ()
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CRIME NO. NOT KNOWN OF MUKKAM POLICE STATION, KOZHIKODE DISTRICT
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PETITIONER / ACCUSED :
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SHAJI P., AGED 40 YEARS,
MANAGING DIRECTOR, SHILLING CHITS PVT.LTD., DOOR NO.46
VRINDAVAN TOURIST HOME BUILDING, EAST NADAKAVU
CALICUT-673066.
BY ADV. SRI.T.K.RAJESHKUMAR
RESPONDENT/COMPLAINANT :
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1. S.I. OF POLICE
POLICE STATION, MUKKAM,
KOZHIKODE - 673 602.
2. SUPERINTENDENT OF POLICE
VADAKARA DISTRICT - 673101.
3. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA- 682031.
R1 TO R3 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2013,
ALONG WITH BA NO. 8100/2013 & CONNECTED CASES, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Mn
THOMAS P. JOSEPH, J.
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Bail Appl. Nos.8095, 8100, 8104,
8105 and 8106 of 2013
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Dated this the 11th day of December 2013
O R D E R
Petitioner apprehends arrest by the Mukkam, Thamarassery, Nadakavu, Kuttiady and Vythiri Police in the cases registered by the respective Police for various offences and have preferred these applications for pre arrest bail.
2. Learned Public Prosecutor has opposed the applications.
3. The applications are dealt with separately as under.
I. B.A.No.8095 of 2013
Learned Public Prosecutor has submitted that the Mukkam Police have registered Crime Nos.128 of 2013 and 191 of 2013 for the offences punishable under Secs.406 and 420 of the Indian Penal Code. Allegation is that the petitioner and others cheated the defacto complainant to the tune of Rs.5,00,000/- (Rupees five lakhs only) and Rs.63,600/- (Rupees sixty three thousand Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 2 and six hundred only), respectively.
2. It is pointed out that though two crime cases are registered against the petitioner, only a single application is preferred under Sec.438 of the Code of Criminal Procedure which is not contemplated under the law. I uphold the objection. Separate applications are required.
3. Learned counsel requested that B.A. No.8095 of 2013 may be confined to Crime No.128 of 2013 leaving it open to him to file separate application with respect to Crime No.191 of 2013.
4. The request is allowed.
5. B.A. No.8095 of 2013 is therefore confined to Crime No.128 of 2013 of the Mukkam Police station. II. B.A. No.8100 of 2013
Learned Public Prosecutor has submitted that as per report dated 01.12.2013 of the SHO, Thamarassery, no case is registered by the Thamarassery Police under Sec.138 ( obviously of the Negotiable Instruement Act). It is submitted that the report does not Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 3 show that any case is registered by the Thamarassery Police against the petitioner. As such, petitioner cannot have any genuine apprehension of arrest by the Thamarassery Police.
III. B.A. No.8104 of 2013
The Nadakavu Police has registered Crime No.899 of 2012 for the offences punishable under Sec.420 of the Indian Penal Code and Secs.4, 5, 8, 9, 19 and 20 read with Sec.79 of the Chit Funds Act. It is alleged that the petitioner has issued about 7 cheques for a total sum of Rs.40,000/- (Rupees forty thousand only) and all the cheques were dishonoured. Hence the complaint.
IV. B.A. No.8105 of 2013
Learned Public Prosecutor has submitted that as per report dated 29.11.2013 of the SHO, Kuttiyady Police station, no case is registered against he petitioner. Hence, the petitioner cannot have any genuine apprehension of arrest by the Kuttiyady Police. V. B.A. No.8106 of 2013 Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 4 Learned Public Prosecutor has submitted that the Vythiri Police has registered Crime No.201 of 2013 for the offences punishable under Sec.420 read with Sec.34 of the Indian Penal Code. Though, claim of the defacto complainant in that case is for Rs.25,100/- (Rupees twenty five thousand and one hundred only), preliminary investigation revealed that the petitioner and others collected a total sum of Rs.3,46,117/- from 27 persons and cheated them.
2. Learned counsel submits that the petitioner is the Managing Director of the chitty company. That company started branches at various places coming within the local limits of the Police stations above mentioned. The company appointed several staff in those branches. For some reason or the other, subscribers who got panic defaulted payment of instalments and the company went to deficulties. It is submitted that the company is prepared to pay the actual amounts due to the subscribers. Grievance of the petitioner is that the Police is not allowing the company to dispose of its Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 5 immovable properties and discharge its liabilities.
3. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to think that custodial interrogation of the petitioner is not required in cases where crime cases are registered. But, while granting pre arrest bail, I must also protect the interest of the defacto complainant. Hence the applications are disposed of as under. I. B.A. Nos.8100 and 8105 of 2013 Since it is submitted by the learned Public Prosecutor that the Thamarassery/Kuttiyady Police have not registered any case against the petitioner as per reports dated 01.12.2013 and 29.11.2013 respectively and it is not shown that the petitioner otherwise has got any genuine apprehension of arrest, request for pre arrest bail need not be entertained.
2. These applications are closed without prejudice to the petitioner moving again Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 6 in case of any genuine apprehension of arrest in future.
II . B.A. No.8095 of 2013
1. Petitioner is directed to surrender before the officer investigating Crime No.128 of 2013 of the Mukkam Police station (Kozhikode District) on 19.12.2013 at 10 a.m. for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case after interrogation, arrest of the petitioner is recorded, he shall be released by the arresting officer (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions :
Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 7
a) Petitioner shall report to the officer investigating the case as and when required for interrogation.
b) Petitioner shall co-operate with investigation of the case.
c) Petitioner shall produce all the relevant documents which are in his custody, possession or control at the time of interrogation as required by the investigating officer.
d) Petitioner shall deposit Rs.5,00,000/-
(Rupees five lakhs only) in his name in a nationalised bank (initially for a period of two years and renewable as per order of the learned magistrate) and produce the fixed deposit receipt before the learned magistrate within forty five days from the date of his release on bail as aforesaid.
e) In case the case is decided against the petitioner and the defacto complainant or Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 8 other victims are awarded compensation, such compensation to the extent possible could be realised from the amount in deposit.
f) In case any of the above condition is violated, it is open to the investigating officer or the victims to file application for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
III. B.A. No.8104 of 2013
1) Petitioner shall surrender before the officer investigating Crime No.899 of 2012 of the Nadakavu Police station on 18.12.2013 at 10 a.m. for interrogation.
2) In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3) In case after interrogation, arrest of Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 9 the petitioner is recorded, he shall be released by the arresting officer (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
a) Petitioner shall report to the officer investigating the case as and when required for interrogation.
b) Petitioner shall co-operate with investigation of the case.
c) Petitioner shall produce all the relevant documents which are in his custody, possession or control at the time of interrogation as required by the investigating officer.
d) Petitioner shall deposit Rs.40,000/-
(Rupees forty thousand only) in his name in a nationalised bank (initially for a period of two Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 10 years and renewable as per order of the learned magistrate) and produce the fixed deposit receipt before the learned magistrate within forty five days from the date of his release as aforesaid.
e) In case, the case is decided against the petitioner and the defacto complainant or other victims are awarded compensation, such compensation to the extent possible could be realised from the amount in deposit.
f) In case any of the above condition is violated, it is open to the investigating officer or the victims to file application for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
IV. B.A. No.8106 of 2013
1) Petitioner shall surrender before the officer investigating Crime No.201 of 2013 of the Vythiry Police station on 23.12.2013 at 10 Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 11 a.m. for interrogation.
2) In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3) In case after interrogation, arrest of the petitioner is recorded, he shall be released by the arresting officer (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
a) Petitioner shall report to the officer investigating the case as and when required for interrogation.
b) Petitioner shall co-operate with investigation of the case.
c) Petitioner shall produce all the Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 12 relevant documents which are in his custody, possession or control at the time of interrogation as required by the investigating officer.
d) Petitioner shall deposit Rs.3,46,147/-
(Rupees three lakhs forty six thousand one hundred and forty seven only) in his name in a nationalised bank (initially for a period of two years and renewable as per order of the learned magistrate) and produce the fixed deposit receipt before the learned magistrate within within forty five days from the date of his release on bail as aforesaid.
e) In case, the case is decided against the petitioner and the defacto complainant or other victims are awarded compensation, such compensation to the extent possible could be realised from the amount in deposit.
f) In case any of the above condition is violated, it is open to the investigating officer Bail Appl. Nos.8095, 8100, 8104, 8105 and 8106 of 2013 13 or the victims to file application for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE NS