Kerala High Court
Ravi vs State Of Kerala on 7 November, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
Bail Appl..No.8018 OF 2019
CRIME NO.958 OF 2019 OF NIGDI POLICE STATION, PUNE DISTRICT,
MAHARASHTRA STATE
PETITIONER/ACCUSED NO.4:
RAVI, K. NAIR @ RAVINDRAN, K.
AGED 37 YEARS,
S/O. A PARVATHY, 3/277, AMBIKAPURAM P.O., KUMARAPUAM,
PALAKKAD, .
ADDRESS SHOWN IN THE F.I.R.
TEHSIL, NIGDI POLICE STATION, PIMPRI CHINCHWAD
MAHARASHTRA.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.
SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8018 OF 2019 2
ORDER
The instant application is filed under Section 438 of the Cr.P.C.
2. According to the applicant, he is the 4 th accused in Crime No.958 of 2019 of the Nigdi Police Station, Pune, and a crime has been registered under Sections 406 and 420 read with Section 34 of the IPC.
3. The specific allegation is that accused Nos. 2 and 3 in the aforesaid crime are the Chairman and the Managing Director of M/s.Goodwin Jewelers and that they had collected large sums of money from unsuspecting investors and had defrauded them.
4. The applicant asserts that he has received reliable information that a proceeding under Section 138 of the Negotiable Instruments Act, 1881 has been initiated by the de facto complainant before the 9-6 th Additional Sr.Civil Judge & Additional Chief Judicial Magistrate, Mahsana, State of Gujarat and the case is pending as C.C. No.6631 of 2015. No summons was served on him. However, certain police men from the State of Gujarat has called him up over phone and has threatened that a non-bailable warrant has been issued against him by the court of law. His limited prayer in this petition is to pass appropriate orders to enable the applicant to have a breathing time to appear before the jurisdictional court at Gujarat and get bail.
5. It is submitted by the learned Public Prosecutor that the Station House Officer has no information about the pendency of the non-bailable Bail Appl..No.8018 OF 2019 3 warrant. However, the applicant has produced materials downloaded from the e-court web site to substantiate that the proceedings under Section 138 of the NI Act is pending against him in the court of the Additional Chief Judicial Magistrate, Mahsana.
6. I have considered the submissions and have perused the records.
7. In view of the limited prayer made by the applicant, I am of the view that a breathing time can be granted to the applicant to appear before the jurisdictional Magistrate at Mahsana in the State of Gujarat.
8. In the event of the arrest of the applicant in connection with C.C.No. 6631 of 2015 on the file of the 9-6 th Additional Sr.Civil Judge & Additional Chief Judicial Magistrate, Mahsana, State of Gujarat, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- with two solvent sureties each for the like sum. However, the same shall be subject to the following conditions.
a) The above order shall be valid only for a
period of one month from today. Within the said
period, the applicant shall seek appropriate orders from the court having jurisdiction at Gujarat.
b) The applicant shall report before the Station House Officer, Edavanna Police Station as and when he is directed to do so.
Bail Appl..No.8018 OF 2019 4
c) The applicant shall not influence or intimidate any witness.
d) This order shall have effect only if the arrest is made within the State of Kerala.
This application is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/7.11.19 //TRUE COPY// P.A.TO JUDGE