Mohandas vs State Of Kerala on 22 April, 2022

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Kerala High Court

Mohandas vs State Of Kerala on 22 April, 2022

Bench: Kauser Edappagath

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                    THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

            FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944

                            BAIL APPL. NO. 1250 OF 2022

      CRIME No. 348/2019 OF KALLADIKKODE POLICE STATION, PALAKKAD DISTRICT

PETITIONERS/ACCUSED Nos. 3 TO 6:

     1       MOHANDAS
             AGED 60 YEARS
             POTTENCHOLA HOUSE, KOTTAPURAM P.O, SREEKRISHNAPURAM, PALAKKAD
             DISTRICT
             PALAKKAD, PIN - 679513
     2       RASHEED
             AGED 39 YEARS
             POOKATHUKUNNATH HOUSE, PEROOR P.O., OTTAPALAM, PATHIRIPALA,
             PALAKKAD DISTRICT
             PALAKKAD, PIN - 679302
     3       VENUGOPAL
             AGED 50 YEARS
             MANGALAMKUNNU, CHERPULASSERRY, PALAKKAD
             PALAKKAD, PIN - 679514
     4       MUHAMMED NOUSHAD
             AGED 38 YEARS
             EDAKURUSSI, MANNARKKAD, KALLADIKODE, PALAKKAD
             PALAKKAD, PIN - 678597
             BY ADV RENJITH B.MARAR


RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
             ERNAKULAM, PIN - 682031
             BY ADV PUBLIC PROSECUTOR



             PP SRI M C ASHI



      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.04.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.1250 of 2022
                                   2




                              ORDER

Dated this the 22nd day of April, 2022 This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioners are the accused Nos. 3 to 6 in Crime No. 348 of 2019 of Kalladikkode Police Station. The offences alleged are under Sections 406, 420, 506 of the Indian Penal Code and Section 3 & 4 of the Kerala Prevention of Money Circulation Schemes (Banning) Act, 1978.

3. The prosecution case in short is that accused No.1 who is a proprietor of Gen to Gen Enterprises along with accused No. 2 induced the de facto complainant to part with the total sum of Rs.7,00,000/- promising that the amount deposited would be doubled within ten months and thereafter cheated the de facto complainant without returning the amount deposited.

B.A. No.1250 of 2022

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

6. A perusal of the FIS would show that the entire allegations are against the accused Nos. 1 and 2. It is submitted that the petitioners are only the canvassing agent of the first petitioner. There is no case that the petitioners received any amount from the de facto complainant. It is also noticed that the petitioners in noway induced the de facto complainant to part with the amount. Considering the allegations levelled against the petitioners, the custodial interrogation of the petitioners does not appear to be necessary. For all these reasons, the petitioners are entitled to pre-arrest bail on conditions. B.A. No.1250 of 2022 4

In the result, the application is allowed on the following conditions:-

(i) The petitioners shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders.

The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or B.A. No.1250 of 2022 5 other persons related to the investigation.

(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE RMV/22/04/2022 B.A. No.1250 of 2022 6 APPENDIX OF BAIL APPL. 1250/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF FIR IN CRIME NO. 348 OF 2019 OF THE KALLIDIKKODE POLICE STATION TRUE COPY P.A.TO JUDGE

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