Kerala High Court
Order vs Unknown on 22 July, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942
Bail Appl..No.2883 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMP 590/2020 OF DISTRICT COURT &
SESSIONS COURT,KOTTAYAM
CRIME NO.35/2020 OF Kottayam West Police Station , Kottayam
APPLICNAT/ACCUSED NO.2:
JAYAKRISHNAN,
AGED 35 YEARS
S/O.RAJAGOPAL, MALAYILPARAMBIL VEEDU,CHENGANOOR P.O.,
ALAPPUZHA, PIN - 689 121.
BY ADVS.
SRI.ANOOP JOSEPH
SRI.K.B.ARUNKUMAR
SRI.K.BINNI
SMT.ASWANI THUVVAKKADAN
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN -682 031.
2 THE STATION HOUSE OFFICER,
KOTTAYAM WEST POLICE STATION, KOTTAYAM, PIN - 686
013.
3 ADDL.R3 SOBY SAJEEV
AGED 47 YEARS
W/O. SAJEEV MATHEW, RESIDING AT ALUNKAL HOUSE,
PANAMBALAM BHAGOM, ARPOOKARA NAGAR, ARPOOKARA
VILLAGE, GANDHI NAGAR, KOTTAYAM, PIN- 686008.
IS IMPLEADED AS PER ORDER DATED 08.06.2020 IN
CRL.M.A. NO.1/2020
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..No.2883 OF 2020
ORDER
Dated this the 22nd day of July 2020 This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
2. The applicant is the 2nd accused in Crime No.35/2020 of Kottayam West Police Station, for having allegedly committed offences punishable under Sections 406 and 420 r/w with Section 34 of the Indian Penal Code.
3. The prosecution case in brief is that, the defacto complainant Soby Joseph was dishonestly induced by the applicant and the co-accused to deliver a sum of Rs.14,50,000/- promising to obtain a job visa for her son in Germany. However, after having appropriated the amount the visa was never arranged and thus the accused in this crime cheated the defacto complainant. It is also stated that the applicant had allegedly given a security cheque for 3 Bail Appl..No.2883 OF 2020 Rs.11,50,000/- to the defacto complainant. The defacto complainant also stated that her friend named Beena, had also paid a sum of Rs. 7,50,000/- to the accused for securing a job visa abroad for her son.
4. The applicant states that he is innocent and the allegations are false and frivolous. The applicant further states that he had purchased some machineries from the 1st accused to start a DTP Center, and as security he had handed over certain cheques to him, which was allegedly misused by the 1st accused in his transaction with the defacto complainant and others, and that he has got absolutely no involvement in the arranging of visa for the defacto complainant or her friend, and that he is innocent and has no other criminal antecedents. He is willing to co-operate with the investigation, and therefore, he may be released on bail.
5. Heard the learned counsel for the applicant 4 Bail Appl..No.2883 OF 2020 and the learned Public Prosecutor.
6. Considering the fact that the applicant does not have any criminal antecedents and that he is willing to co-operate with the investigation and the only evidence at present against the applicant is that of a cheque which was allegedly issued by him to the defacto complainant, about which the applicant has given a different explanation, which will have to be scrutinised during the investigation, I find that there is no possibility of the applicant absconding. The defacto complainant was served, and counsel proposed to appear. The applicant is entitled to an anticipatory bail.
7. The application is therefore allowed and the applicant is directed to surrender before the investigating officer within two weeks, and after interrogation in the event of his being arrested, he shall be released on bail on execution of bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like amount to the 5 Bail Appl..No.2883 OF 2020 satisfaction of the investigating officer and on the following conditions;
i. He shall not tamper with evidence, influence or intimidate witnesses.
ii. He shall appear before the investigating officer as and when called for.
iii. He shall not get involved in similar offences during the bail period.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.
Sd/-
ASHOK MENON JUDGE hmh